Allowed

Kanchan Kumari v. Uttam Kumar

Jharkhand HC2 May 2019Tr.Pet.CVL/25/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a transfer petition seeking to move a matrimonial suit filed under Section 9 of the Hindu Marriage Act from the Family Court, Seraikella-Kharsawan, to the Family Court, Dhanbad. The transfer was ordered because the petitioner resides in Dhanbad and the respondent works in Bokaro, while mediation efforts had failed.

What did the court decide?

Matrimonial Suit No. 2 of 2018 transferred from Family Court, Seraikella-Kharsawan, to Family Court, Dhanbad; records directed to be transmitted.

Kanchan Kumari Vs Uttam Kumar — Matrimonial and Divorce | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Transfer Petition (Civil) No. 25 of 2018

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Kanchan Kumari ..... … Petitioner

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Versus

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Uttam Kumar ...…. … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate. For the Opposite Party : None.

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07/ 02.05.2019 Heard learned counsel for the petitioner.

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No one appears for the opposite party in spite of repeated calls. On the last occasion also, i.e. on 5.4.2019, when this matter was taken up, no one had appeared for the opposite party, in spite of repeated calls, and as such in order to give a chance to the learned counsel for the sole opposite party, the matter was adjourned. Today also, no one had appeared for the opposite party in spite of repeated calls.

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The present application has been filed by the petitioner wife, seeking transfer of Matrimonial Suit No. 2 of 2018, filed by her husband opposite party, under Section 9 of the Hindu Marriage Act, in the Family Court, Seraikella-Kharsawan, to Family Court, Dhanbad.

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It is stated that even opposite party husband is not living at Seraikella-Kharsawan, inasmuch as, he is an employee in Bokaro Steel Plant, Bokaro, where he is working. The petitioner wife is living with her grandparents at Dhanbad and, accordingly, the prayer has been made for transfer of the Matrimonial Suit No. 2 of 2018 from Family Court, Seraikella-Kharsawan, to Family Court, Dhanbad.

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The record shows that during the pendency of this application, the matter was referred to Jharkhand State Legal Services Authority, Ranchi, for mediation between the parties, which has failed. Thereafter, the counsel for the opposite party is not appearing in this case.

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In the facts of the case, I find it a fit case for transfer of Matrimonial Suit No. 2 of 2018, from the Family Court, Seraikella-Kharsawan, to Family Court, Dhanbad.

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Accordingly, it is directed that the Matrimonial Suit No. 2 of 2018 shall stand transferred from Family Court, Seraikella-Kharsawan, to Family Court, Dhanbad, where the proceedings shall start from the stage, left at Family Court, Seraikella-Kharsawan.

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The Principal Judge, Family Court, Seraikella-Kharsawan, is directed to transmit the entire records of Matrimonial Suit No. 2 of 2018, to the Principal Judge, Family Court, Dhanbad, and upon receipt of the records, the Principal Judge, Family Court, Dhanbad, shall issue notice to both the parties for their appearance.

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This application, is accordingly, allowed.

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Let a copy of this order be communicated to both the Family Courts

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below, through FAX.

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Amitesh/-

Kanchan Kumari v. Uttam Kumar

Case brief

What is this about?

What did the court decide?

Kanchan Kumari v. Uttam Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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