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2018 DIGILAW 1513 (JHR)

Deepika Kumari v. Sanjay Kumar

2018-07-11

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J. - This application has been filed under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Case no.124 of 2016 from the court of Principal Judge, Family Court, Godda to the court of Principal Judge, Family Court, Ranchi. 2. Learned counsel for the petitioner has submitted that the marriage between the parties was solemnized on 28.04.2004 and the petitioner was residing at her matrimonial home along with the O.P. 3. However, due to mental torture and physical harassment meted out to the petitioner by the O.P., on account of non-fulfillment of demand of dowry she was compelled to leave her matrimonial house. That the father of the petitioner is aged about 70 years and he is suffering from various ailments and her mother is also suffering from cancer (in support of the same medical reports have been filed as annexures to the supplementary affidavit). It is argued that the petitioner has instituted maintenance case under Section 125 Cr.P.C being Original Maintenance Case no.16 of 2017. 4. The O.P. has appeared and is contesting the said case. That the petitioner does not have the money to meet the travelling expenses from Ranchi to Godda neither funds to defend the suit by engaging a counsel at Godda. 5. On the above grounds, the transfer of the suit has been sought for. 6. Heard. It transpires from the record that despite valid service of notice the O.P. has not appeared. On 07.03.2018, with a view to give one more opportunity to the O.P. the case was adjourned, however, on 18.05.2018 again the O.P. did not appear and it was made clear that if the O.P. does not appear on the next date, necessary order shall be passed as per materials available on record. 7. In view of the facts as narrated by the petitioner it is evident that the O.P. is contesting the maintenance case instituted by the petitioner at Ranchi. The petitioner does not have any independent source of income. She is facing great difficulty in travelling from Ranchi to Godda and does not have the money for engaging a counsel to defend the suit at Godda. 8. The petitioner does not have any independent source of income. She is facing great difficulty in travelling from Ranchi to Godda and does not have the money for engaging a counsel to defend the suit at Godda. 8. In the attending facts and circumstances of the case, this petition is allowed and Matrimonial Case no.124 of 2016 is ordered to be transferred from the court of Principal Judge, Family Court, Godda to the court of Principal Judge, Family Court, Ranchi, at the stage at which it is. 9. Let a copy of this order be communicated forthwith to the courts below.