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2018 DIGILAW 1239 (JHR)

Laxmi Kumari v. Bikash Kumar Gupta

2018-06-14

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J. – This application has been filed under Section 24 C.P.C for transfer of Original Suit no.42/2017 from the court of Principal Judge, Family Court, Dhanbad to the court of Principal Judge, Family Court at Deoghar. 2. Learned counsel for the petitioner has submitted that the petitioner was harassed and mentally tortured for nonfulfilment of dowry demand. That she was driven out of the matrimonial house and since then she has been residing with her parents at Deoghar. That at that point of time she was pregnant and thereafter she has delivered a child. That she does not have any independent source of income neither the funds to engage a counsel to defend the suit at Dhanbad. That the petitioner is facing great hardship and difficulty in travelling from Deoghar to Dhanbad along with her new born child and to meet the travelling expenses. 3. On the above ground, prayer has been made for transfer of the said suit from the Family Court, Dhanbad to Family Court at Deoghar. 4. Heard. It transpires that on 11.06.2018 the O.P. had not appeared despite valid service of notice. However, with a view to give one more opportunity for appearance of O.P. this case was adjourned to be listed today. Today also none has appeared on behalf of O.P. 5. Admittedly, the petitioner does not have any source of income and she is residing with her new born child in her parental home. The petitioner is facing great hardship and difficulty in travelling from Deoghar to Dhanbad and does not have any source of income or sufficient fund to engage a counsel to defend the suit at Dhanbad. 6. In the attending facts and circumstances, this petition is allowed and Original Suit no.42/2017 is ordered to be transferred from the Family Court, Dhanbad to the Family Court at Deoghar, at the stage at which it is. 7. Let a copy of this order be communicated forthwith to the courts below.