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2018 DIGILAW 2382 (JHR)

Ruby Devi v. Birbal Singh, Son Of Lagte Niranjan Singh

2018-10-26

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J. - This petition has been filed under Section 24 of the Civil Procedure Code for transfer of Matrimonial Suit no.240 of 2015 pending in the court of Principal Judge,Family Court, Ramgarh to the court of Principal Judge, Family Court, Bermo, at Tenughat (Bokaro). 2. Learned counsel for the petitioner has submitted that the petitioner was compelled to leave the matrimonial house on account of the mental and physical harassment and torture perpetuated by the O.P. and she is presently residing with her brother at Bermo -Tenughat. It is submitted that the petitioner has lodged a complaint case under Section 498A IPC and other allied sections of the Indian Penal Code in the courts of Chief Judicial Magistrate, Bermo at Tenughat and the O.P. has been granted anticipatory bail in the said case and he is facing trial in the said case. That the petitioner has also filed maintenance case under Section 125 Cr.P.C in the civil courts, Bermo at Tenughat(Bokaro). That the petitioner does not have any independent source of income and she is dependent for her livelihood upon her brother. That she is facing great difficulty and hardship in travelling from Tenughat to defend the suit at Ramgarh. She does not have sufficient fund to engage a counsel to defend the suit at Ramgarh. 3. Learned counsel for the O.P. has opposed and submitted that the petitioner has left the company of the O.P. without any sufficient cause. That the petitioner has lodged the criminal case after lodging of the matrimonial suit by the O.P. That the O.P. is ready to bear the travelling expenses of the petitioner. 4. Heard. It is not disputed that the O.P. is facing trial in the cases instituted by the petitioner in the civil courts, Bermo at Tenughat(Bokaro). Thus, in the given facts and circumstances, considering the convenience of the petitioner, Matrimonial Suit no.240 of 2015 is ordered to be transferred from the court of Principal Judge,Family Court, Ramgarh to the court of Principal Judge, Family Court, Bermo, at Tenughat (Bokaro) at the stage at which it is. 5. The petition is hereby allowed. 6. Let a copy of this order be communicated forthwith to the courts below.