The court allowed a transfer petition under Section 24 CPC to move a matrimonial suit from Giridih to Chatra, considering the petitioner's residence there and travel difficulties.
Transfer of Title Matrimonial Suit no. 133 of 2016 from Principal Judge, Family Court, Giridih to Principal Judge, Family Court, Chatra.
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 Tr. Pet. (Civil) no. 60 of 2016
Kumari Rekha, wife of Niraj Kumar Sawarnkar, Daughter of Sri Feku Sao, resident of village-Pathalgodda, PO andPS Pathalgodda, Distt.- Chatra
…… Petitioner
Versus Niraj Kumar Sawarnkar, son of Sri Prameshwar Sawarnkar, resident of village-Sonabad, PO Motiluda, PS Bengabad, Distt.-Giridih …… Opp. Party
CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
--------For the Petitioner : Mr. Vijay Kumar Sharma, Advocate For the Opp. Party : ---------
04/Dated:15.03.2018
This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Title Matrimonial Suit no. 133 of 2016, from the court of learned Principal Judge, Family Court, Giridh to the Court of learned Principal Judge, Family Court, Chatra.
2. Learned counsel has submitted that the petitioner was subjected to harassment and maltreatment as she could not fulfill unlawful demand of money made by the opposite party. The petitioner was driven out of the matrimonial home and she had to take refuge in her parental home. She lodged a complaint case under Section 498A in the civil courts at Chatra. That the opposite party had appeared in the said case and had agreed for amicable settlement of the dispute. Thereafter, the petitioner was brought to her matrimonial house by opposite party. However, she was again tortured and harassed for fulfillment of the illegal demand. In such compelling circumstances, she had to leave her matrimonial home and has been residing with her parents at Chatra. That the petitioner does not have any independent source of income and she is facing great hardship and difficulty in travelling from Chatra to Giridih for prosecuting the case at Giridih.
For the aforesaid reasons, it is prayed that the aforesaid suit be transferred from Giridih to the Court of learned Principal Judge, Family Court, Chatra.
3. Heard. On perusal of the record, it transpires that notice has been validly served upon opposite party, but till date, he has not entered his
-2-
appearance. The opposite party is facing trial in the criminal case instituted by the petitioner at Chatra. Considering the fact that the petitioner is facing great hardship and difficulty in travelling from Chatra for prosecuting the case at Giridih, it is deemed just and proper to transfer Title Matrimonial Suit no. 133 of 2016, pending in the court of learned Principal Judge, Family Court, Giridih to the Court of learned Principal Judge, Family Court, Chatra at the stage at which it is.
4. In the result, the petition stands allowed.
5. 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 the matrimonial suit titled against the petitioner should be transferred from Giridih to Chatra to alleviate her travel hardship.
1 provisions across 1 enactments
Kumari Rekha
Niraj Kumar Sawarnkar
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
