Petitioner sought transfer of a matrimonial suit from Dhanbad to Bokaro Family Court under Section 24 CPC due to financial hardship, distance issues, and the criminal proceedings location against the respondent.
Transfer of O.S. no. 229 of 2016 from Principal Judge, Family Court, Dhanbad to Court of Principal Judge, Family Court, Bokaro.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tr. Pet. (Civil) No.54 of 2016
Mamta Kumari @ Mamta Devi, W/o Sri Sanjay Kumar Das, resident of Sector9C, Quarter no.-619, Street-21, Bokaro Steel City, P.O.-Sector 9, P.S. Harla, District-Bokaro (Jharkhand) …… Petitioner
Versus
Sanjay Kumar Das, S/o Sri Rang Lal Das, at present resident of New Colony Bhutgaria, Plot no.2, P.O. Bhutgaria, P.S. Jharia, District-Dhanbad (Jharkhand); permanent resident of Village-Udalbani (Jamuatand), P.O.- Kanko Math, P.S.Katras, District-Dhanbad (Jharkhand) …… Opp. Party
--------- CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
--------For the Petitioner : Mr. Mukesh Kumar, Advocate For the Opp. Party : Mr. N.K. Sahani, Advocate
05/Dated:15.03.2018
This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of O.S. no. 229 of 2016, from the court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro.
2. Learned counsel has submitted that due to ill-treatment and torture meted out to the petitioner for non-fulfillment of the demand of dowry, she was compelled to leave her matrimonial home. That she has filed a complaint case being C.P. no. 533 of 2016 under Section 498A and other allied sections of the Indian Penal Code at Bokaro and the opposite party is appearing in the aforesaid case at Bokaro. That the petitioner does not have any source of income and she is residing with her parents at Bokaro. That she is unable to engage a counsel for prosecuting the case at Dhanbad.
On the above grounds, it has been prayed to transfer the aforesaid matrimonial suit.
3. Learned counsel on behalf of the opposite party has submitted that though the matter was referred for settlement but due to the adamant attitude of the petitioner, the talks of settlement failed. That distance from Dhanbad to Bokaro is approximately 40 Kms and no inconvenience will caused to the petitioner in prosecuting the case at Dhanbad. On query, learned counsel has admitted that the opposite party is appearing and facing the trial in the criminal case instituted by the petitioner at Bokaro.
4. Heard. It is admitted that the opposite party is facing the trial in the criminal case at Bokaro, and considering the fact that the petitioner does not any independent source of income and is facing difficulty and hardship in
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travelling and prosecuting the case at Dhanbad, it is deemed just and proper to transfer O.S. no. 229 of 2016, pending in the court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro at the stage at which it is.
5. In the result, the petition stands allowed. 6. Let a copy of this order be communicated forthwith to the courts below for needful.
(Amitav K. Gupta, J.)
Tarun/-
1 issue framed by the court
Whether under Section 24 CPC the matrimonial suit ought to be transferred from Dhanbad Family Court to Bokaro Family Court considering the petitioner's financial hardship and the distance involved.
1 provisions across 1 enactments
Mamta Kumari @ Mamta Devi
Sanjay Kumar Das
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
