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2018 DIGILAW 1731 (JHR)

Sanju Devi v. Dhananjay Mandal

2018-08-03

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K. Gupta, J. - This petition has been filed under Section 24 of the Code of Civil Procedure, for transfer of Original Matrimonial Suit No.152 of 2017, pending in the court of Principal Judge, Family Court, Deoghar, to the court of Principal Judge, Family Court, Godda. 2. Learned counsel for the petitioner has submitted that the petitioner is facing great hardship and difficulty in defending the suit at Deoghar since she has no source of independent income. She is dependent on her parents and she is unable to meet the travelling expenses from Godda to Deoghar. That she has also to look after her minor daughter, who is aged about seven years. That there is no able bodied family member to look after her daughter, accordingly prays that the said matrimonial suit be transferred to the court of Principal Judge, Family Court, Godda. 3. Learned counsel for the opposite party has opposed the prayer and submitted that the opposite party has instituted the suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. That he is willing to resume the conjugal life and undertakes to keep the petitioner as his wife with full dignity and honour. That if the petitioner is facing any difficulty in meeting the travelling expenses and for engagement of a counsel at Deoghar, he is willing to provide her the expenses. It is submitted that on several occasions he had taken steps for bringing her to his matrimonial home, but he has been repeatedly threatened by the brothers of the petitioner. That no cogent ground is made out for transfer of the suit. 4. Heard. It transpires from the record that the matter was sent for mediation to the Mediator/ Conciliator at JHALSA, Ranchi and as per the mediation report, out of four dates, the opposite party was present on only one date due to which the mediation remained non-started. Considering the fact that the petitioner is facing great difficulty and hardship in travelling to Deoghar along with her minor daughter and keeping in view the convenience of the petitioner, the Original Matrimonial Suit No.152 of 2017, pending in the court of Principal Judge, Family Court, Deoghar, is transferred to the court of Principal Judge, Family Court, Godda, at the stage at which it is pending. 5. 5. The court below shall ensure that no unnecessary adjournment is granted to either of the parties and decide the case as expeditiously as possible preferably within six months from the date of receipt or production of this order. 6. The transfer petition stands allowed. 7. Let a copy of this order be communicated to the courts below.