Learned counsel has submitted that the Nikah (marriage) of the petitioner was solemnized with the O.P., as per Muslim rites and rituals on 21.05.2010. That the petitioner was residing with the opposite party peacefully but after few months the petitioner started harassing her. She was physically assaulted and tortured to the extent that she had to take shelter in her parental house. On account of repeated harassment, she lodged a police case bearing G.R. no. 96 of 2015, under Section 498A and other allied sections of the Indian Penal Code against the opposite party. The said case is pending in the Court of learned C.J.M., Garhwa., which is evident from Annexure-1. She has also filed Misc. Case no. 76 of 2015 under Section 125 Cr.P.C., in the Family Court, Garhwa and the opposite party has been ordered to pay maintenance allowance at the rate of Rs.3,000/- per month. The opposite party in order to save his skin had instituted the aforesaid matrimonial suit for restitution of conjugal right. That despite, issuance of distress warrant in the maintenance case and warrant of arrest in the criminal case, the opposite party has not appeared before the Court. It is submitted that the petitioner is facing great hardship in travelling to Lohardaga and engaging counsels for prosecuting the case at Lohardaga.
