The High Court transferred a suit for restitution of conjugal rights from Bokaro Civil Court Camp at Tenughat to the Family Court, Giridih, in the interest of justice, considering the petitioner's residence and financial dependence.
Transfer of Original Suit No. 13 of 2019 from Family Court, Bokaro, Civil Court Camp at Tenughat to Family Court, Giridih.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 12 of 2019
Sahnaj Parween --- Petitioner Versus Kamal Hassan ---Opposite party CORAM : Hon’ble Mr. Justice Aparesh Kumar Singh --For the Petitioner : Mr. Sunil Kumar, Adv. For the Opp. Party :
07/31.01.2020 Despite valid service of notice opposite party has not yet entered
appearance.
Learned counsel for the petitioner submits that Original Suit No. 13 of 2019 is proceeding before the learned Family Court, Bokaro Civil Court Camp at Tenughat. Petitioner being a lady residing at her parents’ place, Giridih is finding it inconvenient and expensive to attend the proceeding in the suit at Bokaro, which has been filed by the opposite party for restitution of conjugal right under Section 21 of Mohammedan Law. Marriage was solemnized on 3rd April, 2018 and thereafter torture started. Petitioner was compelled to leave the matrimonial home due to physical and mental torture and she is now totally dependent upon her parents’ income. Proceedings for grant of interim maintenance are also pending before learned Family Court, Giridih. As such, if the suit is not transferred, petitioner would suffer irreparably as she would not be able to contest the suit in a proper manner.
I have considered the submission of learned counsel for the petitioner and the grounds urged in the instant petition. It appears that petitionerwife residing with her parents at Giridih and having no independent source of income is made to contest the Original Suit No. 13 of 2019, seeking restitution of conjugal right at the instance of the opposite party-husband before learned Family Court, Bokaro Civil Court Camp at Tenugaht. In such circumstances, it would be proper that the suit be transferred from the court of learned Principal Judge, Family Court, Bokaro, Civil Court Camp at Tenughat to the court of learned Principal Judge, Family Court, Giridih in the interest of justice. Ordered accordingly. The instant petition stands disposed of.
( Aparesh Kumar Singh, J.)
jk/
1 issue framed by the court
Whether the original suit for restitution of conjugal rights should be transferred to the court in the petitioner's residence area for the interest of justice.
Sahnaj Parween
Kamal Hassan
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
