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2018 DIGILAW 1515 (JHR)

Madhu Kumari Soni v. Mukesh Kumar Verma

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 Suit no.130 of 2016 from the court of Principal Judge, Family Court, Hazaribagh to the court of Principal Judge, Family Court, Gumla. 2. Learned counsel for the petitioner has submitted that due to atrocities perpetrated on the petitioner/wife by the O.P./husband she was compelled to leave her matrimonial home and to take shelter in her parental house at Gumla. The petitioner has lodged a criminal case under Section 498A and other allied sections of Indian Penal Code against the O.P. in the court at Hazaribagh being Bishungarh P.S.Case No.101/2016. It is submitted that due to impecunious condition of the petitioner she is facing great difficulty and hardship in travelling from Gumla to Hazaribagh and does not have the funds to defend the suit by engaging an Advocate at Hazaribagh. It is submitted that the petitioner is apprehensive of the fact that she may be physically harmed by the O.P. at Hazaribagh. 3. On the above grounds, the transfer of the suit has been sought for. 4. Learned counsel for the O.P. has opposed and submitted that the O.P. is paying Rs. 10,000/- p.m. along with Rs. 5,000/- towards arrears of the maintenance amount, to the petitioner. That the petitioner, on her own accord, had left the matrimonial home without any sufficient cause. That the O.P. tried for reconciliation but the petitioner''s obduracy and stubbornness resulted in failure of such reconciliatory attempts of the O.P. The O.P. had no other option but to institute the suit seeking decree of divorce. That the petitioner is attending and prosecuting the criminal case lodged by her at Hazaribagh. That no cogent ground is made out for seeking transfer of the suit. 5. Heard. Admittedly, the petitioner has lodged a criminal case at Hazaribagh and she is prosecuting the same at Hazaribagh. The submission of the learned counsel that the petitioner is apprehensive that she may be physically harmed by the O.P. is not acceptable in the absence of any document or material, on the contrary, it is not disputed that she is attending the courts at Hazaribagh. However, considering the fact that petitioner has to travel from Gumla to Hazaribagh the O.P./husband is directed to pay Rs. However, considering the fact that petitioner has to travel from Gumla to Hazaribagh the O.P./husband is directed to pay Rs. 5000/- as expenses to the petitioner on the dates she appears to contest the suit in the Family Court at Hazaribagh. 6. The court below shall ensure expeditious trial of the suit and no unnecessary adjournment shall be granted. 7. With the aforesaid direction this petition is, thereby, disposed off. 8. Let a copy of this order be communicated forthwith to the courts below.