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2012 DIGILAW 1050 (JHR)

Ruby Singh v. State of Jharkhand

2012-07-25

P.P.BHATT

body2012
ORDER By the Court.--The present petition is filed under Section 24 of the Code of Civil Procedure inter alia praying for transfer of Matrimonial Suit No. 253 of 2011 from the Court of Principal Judge, Family Court, Jamshedpur to the Court of Principal Judge, Family Court, Bokaro. 2. Heard the learned counsel for the petitioner as well as the opposite parties. 3. The learned counsel for the petitioner submitted that the petitioner is unable to attend the Court at Jamshedpur on account of certain threats received from the opposite party-husband and undue pressure for settlement of the case as per the terms of the opposite party-husband. The learned counsel for the petitioner further submitted that the petitioner's father has lodged complaint in this regard at Jamshedpur narrating the incident which has occurred when the petitioner and her father went to attend the Family Court at Jamshedpur in a case filed by the opposite party-husband. The learned counsel for the petitioner has also shown certified copy of the complaint and police report. 4. The learned counsel for the opposite party-husband while opposing the submissions made by the petitioner submitted that the petitioner's father was working at Jamshedpur and his house is situated at Jamshedpur and as such there should not be any difficulty in attending the Court's proceeding at Jamshedpur by the petitioner-wife. It is further submitted that the father of the petitioner has also instituted a criminal case at Jamshedpur and for that purpose she will have to attend the Court at Jamshedpur and therefore, the present petition may be rejected. 5. In response to the submissions made by the learned counsel for the respondent, the learned counsel for the petitioner pointed out that the petitioner has also filed another transfer petition in respect of the criminal case instituted by the father of the petitioner. 6. Considering the aforesaid rival submissions and on perusal of the materials on record, it appears that the opposite party-husband has instituted a Matrimonial suit No. 253 of 2011 in the Court of Principal Judge, Family Court at Jamshedpur and the petitioner-wife is residing at Bokaro with her parent and the distance between Jamshedpur and Bokaro is about more than 100 kms. It also appears that the father of the petitioner has also instituted a criminal case making serious allegation, against the opposite party-husband and the petitioner has got strong apprehension in her mind as and when she will visit Jamshedpur to attend the Court, an undue pressure as alleged in the said criminal complaint is likely to be caused by the opposite party-husband. It also appears that the petitioner has also filed another transfer petition for transferring of the said criminal case, but so far as the present matrimonial suit is concerned, in view of the various reasons assigned in the application, this Court is of the view that the present petitioner has to face comparatively more hardship in attending the Court's proceeding at Jamshedpur vis-a-vis opposite party-husband in attending Court's proceeding at Bokaro. 7. Under the circumstances, in the interest of justice, the proceedings of 253 of 2011 pending in the Court of learned Principal Judge, Family Court, Jamshedpur are required to be transferred in the Court of the learned Principal Judge, Family Court, at Bokaro. Accordingly, the said proceedings are ordered to be transferred to the Court of the learned Principal Judge, Family Court at Bokaro. Parties to the said proceeding shall cooperate in the Court proceeding and shall remain present in the Court, as and when required. 8. This petition stands allowed accordingly. I.A. No. 1462 of 2012 9. The instant application has been filed on behalf of the opposite party No.2 for vacating the stay which was granted by this Court on 10.1.2012 in respect of Matrimonial suit No. 253 of 2011. 10. Since the main transfer petition is allowed and finally disposed of, no further order is required to be passed in the interlocutory application. I.A. stands disposed of accordingly. Petition allowed.