Ashiya Parveen Alias Sahin v. Md Siddique Khan
Case brief
What is this about?
The High Court of Jharkhand transferred a maintenance suit pending in Lohardaga to the Family Court, Ranchi, under Section 24 CPC. The transfer was ordered due to the petitioner's kidney ailment necessitating dialysis, which would be adversely affected by travel requirements if the suit remained in Lohardaga.
What did the court decide?
Transfer of M.T.S. Case no. 10 of 2014 from the Court at Lohardaga to the Court of learned Principal Judge, Family Court, Ranchi.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Pet. (Civil) No.63 of 2015
Ashiya Perween @ Sahin, W/o Md. Siddique Khan, D/o Md. Alauddin Khan, resident of Kata Toli Chowk, PO & PS Lower Bazar, District-Ranchi
…… Petitioner
Versus
1. Md. Siddique Khan, S/o late Md. Sahim Khan, resident of Kuro, PO & PS Kuru District –Lohardaga
2. Shamina Khatoon, W/o Allauddin Khan, r/o Kata Toli Chowk, PO Katatoli, PS Lower Bazar, Ranchi …… Opp. Parties
- …… Opp. Parties
--------- CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
--------For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the Opp. Parties : Mr. Atanu Banerjee, Advocate Mr. Suman Kumar Ghosh, Advocate
07/Dated:06.03.2018
Issues for consideration
2 issues framed by the court
Whether a maintenance suit pending in Lohardaga should be transferred to Ranchi considering the petitioner's kidney ailment requiring dialysis.
Whether the balance of convenience favors transfer of the suit due to the petitioner's health condition.
Parties & counsel
- petitioner
Ashiya Perween @ Sahin
- respondent
Md. Siddique Khan
- respondent
Shamina Khatoon
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · March
- Registered
- Case no.
- Tr.Pet.CVL/63/2015
Similar cases
Judgements on the same questions, provisions and authorities, from every court