Transfer Petition allowed under Section 24 CPC. Matrimonial suit transferred from Family Court Bokaro to Family Court Ranchi due to petitioner's financial hardship, travel difficulty, and husband's trial in Ranchi.
Original Suit (Matrimonial) No.47 of 2016 transferred from Family Court, Bokaro, to Family Court, Ranchi.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.49 of 2016
Khushboo Devi, W/o Binod Rajak and D/o Ganesh Rajak, R/o Vijay Path, Pandra, P.O. - Hehal, P.S. - Sukhdeo Nagar District – Ranchi (Jharkhand) ….. Petitioner
Versus
Binod Rajak, S/o Arun Kumar Rajak, R/o Telidih Side, P.O. - Narayanpur, P.S. - Chas, District – Bokaro (Jharkahand) ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Sandeep Verma, Advocate Mr. K. S. Nanda, Advocate For the O.P. : Absent
05/Dated: 16th March, 2018
1. Learned counsel for the petitioner is in attendance.
2. On repeated call none appears on behalf of the opposite party.
3. With a view to give one more opportunity to the opposite party, put up this case in the second half at 02:15 P.M.
Later on
5. Learned counsel, for the petitioner, has submitted that the petitioner was subjected to torture and harassment by the opposite party for non-fulfillment of the dowry demand and she was compelled to leave her matrimonial house along with her minor children. That the petitioner has lodged a Complaint Case No.3115 of 2015 in the court of Chief Judicial Magistrate, Ranchi under Section 498A of the Indian Penal Code, 3/ 4 of the Dowry of Prohibition Act and other allied sections of the I.P.C. That the O.P./ husband is facing trial in the said case. That the petitioner does not have any source of income. She is dependent upon her parents for the maintenance of herself
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and her two children. Due to her impecunious condition she is facing hardship in travelling to Bokaro and engaging a counsel to defend the suit at Bokaro
On the above grounds, it is prayed that the said suit, be transferred to the Family Court, Ranchi.
6. Heard. The matter was called out in the first half and on repeated call none appeared on behalf of the opposite party, whereafter it was again taken up in the second half, but again none has appeared on behalf of the opposite party.
It is evident that, the O.P/ husband is facing trial in the criminal case in the civil courts at Ranchi therefore, no inconvenience will be caused to O.P if the suit is transferred from Bokaro to the Family Court, Ranchi. Due to crunch of funds the petitioner is facing difficulty and hardship in travelling to Bokaro. She has also to look after her two minor children. Due to lack of fund she is facing hardship in engaging a counsel to defend the suit at Family Court, Bokaro. In view of the aforesaid reasons and considering the convenience of the petitioner Original Suit (Matrimonial) No.47 of 2016, is ordered to be transferred from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Ranchi at the stage at which it is.
7. In the result, transfer petition stands allowed.
8. 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 Original Suit (Matrimonial) No.47 of 2016 should be transferred from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Ranchi.
1 provisions across 1 enactments
Khushboo Devi
Binod Rajak
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
