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2018 DIGILAW 1291 (JHR)

Archana Burman v. Sanjay Kumar

2018-06-21

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J – The present application has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.66 of 2016, pending in the court of the Principal Judge, Family Court, Koderma to the Court of the Principal Judge, Family Court, Jamshedpur. 2. Learned counsel for the petitioner submits that due to physical harassment and mental torture by the opposite party-husband the petitioner was compelled to take refuge in her parental house at Jamshedpur alongwith her two minor children. She does not have any independent source of income or the necessary fund to engage a counsel to defend the suit at Koderma. Moreover, she is facing great difficulty and hardship in travelling all alone from Jamshedpur to Koderma. That she has filed a case under Section 498-A and other allied sections of the Indian Penal Code against the opposite party-husband and others at Jamshedpur and the opposite party-husband is appearing and facing trial in the said case at Jamshedpur court. 3. Mr. Shree Nivas Roy, learned counsel appearing on behalf of opposite party-husband has opposed and submitted that the opposite party-husband is still ready and willing to lead the conjugal life with the petitioner. That due to the adamant attitude of the petitioner the attempts for reconciliation of the matrimonial dispute has failed. That the petitioner does not want to reside at Koderma. That the opposite party-husband has also filed a complaint case against the petitioner being Complaint Case No.160 of 2017. It is contended that no cogent or justified reason is made out by the petitioner for transfer of the said matrimonial suit. 4. Heard. It is not disputed that the opposite party-husband is facing trial in the case filed by the petitioner, under Section 498-A and other allied Sections of the Indian Penal Code at Jamshedpur, therefore, no inconvenience will be caused to the opposite party-husband, if the Original Suit No.66 of 2016, pending in the court of the Principal Judge, Family Court, Koderma is transferred to the Court of the Principal Judge, Family Court, Jamshedpur. Accordingly, Original Suit No.66 of 2016, pending in the court of the Principal Judge, Family Court, Koderma is ordered to be transferred to the Court of the Principal Judge, Family Court, Jamshedpur at the stage as it is. 5. In the result, this transfer petition stands allowed. 6. Accordingly, Original Suit No.66 of 2016, pending in the court of the Principal Judge, Family Court, Koderma is ordered to be transferred to the Court of the Principal Judge, Family Court, Jamshedpur at the stage as it is. 5. In the result, this transfer petition stands allowed. 6. Let a copy of this order be communicated to the courts below.