This Order entertains an interlocutory application amending the prayer for suit transfer. The court allows the amendment. It subsequently considers the merits for the original transfer petition, noting the parallel criminal case at Hazaribagh.
The Ia. permitted amendment. Original Suit No. 303 of 2015 transferred to Family Court, Hazaribagh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.11 of 2016
Koushalya Devi, W/o Sri Shiv Kumar & D/o Sri Bishun Pandit, R/o Village – Khutta, P.O. - Baindkharo P.S. - Bagodar, Distt.-Giridih (Jharkhand) ….. Petitioner
Versus
Shiv Kumar, S/o Sri Balu Kumar @ Balo Pandit, presently residing at Plot No.183, Bari Co-operative Colony, P.O. & P.S. - B.S. City, Distt.-Bokaro (Jharkhand)
….. Opp. Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Ramchander Sahu, Advocate For the O.P. : Mrs. Vandana Singh, Advocate
07/Dated: 8th March, 2018 I.A. No.4747 of 2017
1. This interlocutory application has been filed under Order VI Rule 17 of the Code of Civil Procedure for amendment in para – 1 and the prayer portion of the transfer petition to the extent that the Original Suit No.303 of 2015, be transferred from the court of Principal Judge Family Court, Bokaro to the court of Principal Judge, Family Court, 'Hazaribagh', instead of to the court of the Principal Judge, Family Court, 'Giridih'.
2. Mrs. Vandana Singh, learned counsel, for the opposite party, does not have any objection.
3. Heard. Prayer is allowed. Necessary amendment is permitted to be carried out, in course of the day.
4. I.A. No.4747 of 2017 stands allowed.
Tr. Petition (C) No.11 of 2016
1 . This transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of the Original Suit No.303 of 2015 from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Hazaribagh.
2. Learned counsel, for the petitioner, has submitted that the petitioner has also instituted a criminal case under Section 498A I.P.C in the Civil Courts, Hazaribagh and the O.P./ husband is the permanent resident of Hazaribagh, therefore, no inconvenience will be caused to O.P as he has
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to appear in the criminal case at Hazaribagh. That the petitioner is residing at Hazaribagh and she is facing great difficulty and hardship in traveling to Bokaro. That she does not have sufficient means or funds to engage a counsel to prosecute the case at Bokaro.
On the above grounds, it is prayed that the said suit, be transferred to the Family Court at Hazaribagh.
3. Learned counsel for the opposite party has submitted that the petitioner is the resident of Giridih and there is no justification in seeking transfer of the suit. That the O.P. is ready and willing to pay the traveling and miscellaneous expenses to the petitioner on the dates she participates in the proceeding at Family Court Bokaro.
4. Heard. Admittedly the petitioner has instituted a case under Section 498 I.P.C at Hazaribagh. At present she is residing at Hazaribagh and the O.P/ husband has to appear in the courts at Hazaribagh to face the trial in the criminal case, as such, in the given circumstances no inconvenience will be caused to the O.P. if the said suit is ordered to be transferred to the court of Principal Judge, Family Court, Hazaribagh.
Since the petitioner is facing hardship and difficulty in traveling from Hazaridih to Bokaro to prosecute the case by engaging a counsel accordingly, the Original Suit No.303 of 2015, is ordered to be transferred from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Hazaribagh at the stage at which it is.
5. In the result, transfer petition stands allowed.
6. Let a copy of this order be communicated to the courts below forthwith, for needful.
(AMITAV K. GUPTA, J.)
Chandan/-
1 issue framed by the court
Whether the trial court has jurisdiction in the family dispute without transferring it and if this aspect pleas are required to be considered.
2 provisions across 1 enactments
Koushalya Devi
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
