Allowed

Santoshi Devi v. Mahesh Ravidas

Jharkhand HC10 May 2019Tr.Pet.CVL/8/2016

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What is this about?

The High Court of Jharkhand allowed a transfer petition filed by a wife seeking transfer of her husband's restitution of conjugal rights suit from Family Court, Ramgarh to Family Court, Khunti. The Court granted the transfer in light of the petitioner residing in Khunti after being driven out of the matrimonial home.

What did the court decide?

Transferred Matrimonial Suit No. 172 of 2014 from Family Court, Ramgarh to Family Court, Khunti, with records to be transmitted and notices issued for appearance.

Santoshi Devi Vs Mahesh Ravidas — Matrimonial and Divorce | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Tr. Pet. (Cvl) No.8 of 2016

Santoshi Devi

Petitioner

Versus

Mahesh Ravidas

…. Respondent

CORAM: HON’BLE MR. JUSTICE H.C. MISHRA

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For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : Mr. Naresh Prasad Thakur, Advocate -----

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9/10.5.2019 Heard learned counsel for the petitioner and learned counsel for the opposite party.

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This application has been filed by petitioner wife for transferring the Matrimonial Suit No.172 of 2014, filed by the respondent husband, which is presently pending in the Family Court at Ramgarh, to the Family Court, Khunti, stating that after being driven out of the matrimonial home, the petitioner is presently living with her parents at Khunti. She has stated that she has difficulty in attending the Court at Ramgarh.

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Learned counsel for the respondent husband has opposed the prayer.

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The application has been filed by the respondent husband under Section 9 of the Hindu Marriage Act, praying the restitution of conjugal rights, but it is the case of the petitioner wife that she has been driven out of her matrimonial home after subjecting her to cruelty, and she is presently living with her parents at Khunti.

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In that view of the matter, it is a fit case for transferring the matrimonial suit to Family Court, Khunti, where the petitioner is presently living.

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Accordingly, the Matrimonial Suit No. 172 of 2014, pending in the Family Court, Ramgarh, is directed to be transferred to Family Court, Khunti, where the proceeding shall start from the stage left in the Family Court, Ramgarh.

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The Principal Judge, Family Court, Ramgarh, is directed to transmit the entire records of Matrimonial Suit No.172 of 2014, to the Family Court, Khunti, and upon the receipt of the records, the Principal Judge, Family Court, Khunti, shall issue notice to both the parties for their appearance.

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Let this order be communicated to both the Family Courts through FAX. This Transfer Petition is accordingly, allowed.

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(H. C. Mishra, J.)

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R.Kumar

Santoshi Devi v. Mahesh Ravidas

Case brief

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Santoshi Devi v. Mahesh Ravidas

Case brief

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