Transfer petition filed to move matrimonial suit from Family Court, Giridih to Ranchi citing petitioner's travel hardship. Court noted opposing party attends Ranchi hearings. Transfer allowed.
T.M.S. No.147 of 2016 transferred from Family Court, Giridih to Family Court, Ranchi.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.1 of 2017
Arti Kumari @ Jyotshna Ghatak, W/o Anupam Ghatak & D/o Late Laxmikant Mukherjee, R/o Lal Saheb Colony, Sadabahar Chowk House No.B-27, P.O.-Khizri, P.S.Namkum, Dist.-Ranchi ….. Petitioner
Versus
Anupam Ghatak, S/o Late Yadupati Ghatak, R/o Punjabi Muhalla, New Barganda, P.O., P.S., & District – Giridih
….. Opp. Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Kishore Kr. Singh, Advocate For the O.P. : Mr. Vishal Kr. Trivedi, Advocate ---------
05/Dated: 7th March, 2018
1. This petition has been filed under Section 24 of the Code of Civil Procedure (C.P.C) for transfer of T.M.S. No.147 of 2016 from the court of Principal Judge, Family Court, Giridih to the court of Principal Judge, Family Court, Ranchi.
2. Learned counsel for the petitioner has submitted that the petitioner is facing great difficulty and hardship in traveling from Ranchi to Giridih for prosecuting the case and engaging a counsel at Giridih. That the petitioner's father has died and there is no male member to accompany her. It is submitted that the petitioner has also lodged a case under Section 498A of the Indian Penal Code and a case under Section 125 Cr.P.C in the Civil Courts Ranchi and the O.P./ husband is appearing in the said cases, hence, no inconvenience will be caused to O.P to prosecute the case at Ranchi.
On the above grounds, it is prayed that the said suit, be transferred to the Family Court at Ranchi.
3. Learned counsel for the opposite party has submitted that in fact a compromise has been arrived at between the parties in the case lodged under Section 498A I.P.C. That the parties have agreed to withdraw the case on payment of agreed amount as one time settlement. It is submitted
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that the O.P has no objection if the matrimonial suit is transferred to some other place as the O.P. is apprehending physical harm at the hands of the petitioner and her family members if the case is transferred to Ranchi. It is submitted that the O.P had filed an informatory petition before the C.J.M., Ranchi, regarding the threats given by the petitioner and her family members.
4. Heard. It is not disputed that the O.P/ husband is appearing before the courts at Ranchi in connection with the criminal case. He is also participating in the maintenance case instituted by the petitioner at Ranchi. The O.P/ husband has to prosecute the cases at Civil Courts Ranchi, thus no inconvenience will be caused if the matrimonial suit is transferred from Family Court, Giridih to Family Court, Ranchi.
The petitioner is facing great hardship and difficulty in traveling from Ranchi to Giridih. She does not have sufficient means to engage a counsel for prosecuting the case at Giridih. In the attending circumstnaces T.M.S. No.147 of 2016 is ordered to be transferred from the court of Principal Judge, Family Court, Giridih, to the court of Principal Judge, Family Court, Ranchi at the stage at which it is.
5. The transfer petition is, hereby, allowed.
6. Let a copy of this order be communicated forthwith to the courts below, for needful.
(AMITAV K. GUPTA, J.)
Chandan/-
2 issues framed by the court
Whether the transfer of matrimonial suit from Family Court, Giridih to Family Court, Ranchi is justified given the petitioner's hardship in traveling and lack of resources.
Whether transferring the suit will cause inconvenience to the opposite party considering his attendance in related criminal and maintenance cases at Ranchi.
1 provisions across 1 enactments
Arti Kumari @ Jyotshna Ghatak
Anupam Ghatak
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
