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2018 DIGILAW 631 (JHR)

Khushboo Devi v. Binod Rajak

2018-03-16

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J. – Learned counsel for the petitioner is in attendance. 2. On repeated call none appears on behalf of the opposite party. 3. With a view to give one more opportunity to the opposite party, put up this case in the second half at 02:15 P.M. Later on 4. This transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of the Original Suit (Matrimonial) No.47 of 2016 from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Ranchi. 5. Learned counsel, for the petitioner, has submitted that the petitioner was subjected to torture and harassment by the opposite party for non-fulfillment of the dowry demand and she was compelled to leave her matrimonial house along with her minor children. That the petitioner has lodged a Complaint Case No.3115 of 2015 in the court of Chief Judicial Magistrate, Ranchi under Section 498A of the Indian Penal Code, 3/ 4 of the Dowry of Prohibition Act and other allied sections of the I.P.C. That the O.P./ husband is facing trial in the said case. That the petitioner does not have any source of income. She is dependent upon her parents for the maintenance of herself and her two children. Due to her impecunious condition she is facing hardship in travelling to Bokaro and engaging a counsel to defend the suit at Bokaro On the above grounds, it is prayed that the said suit, be transferred to the Family Court, Ranchi. 6. Heard. The matter was called out in the first half and on repeated call none appeared on behalf of the opposite party, whereafter it was again taken up in the second half, but again none has appeared on behalf of the opposite party. It is evident that, the O.P/ husband is facing trial in the criminal case in the civil courts at Ranchi therefore, no inconvenience will be caused to O.P if the suit is transferred from Bokaro to the Family Court, Ranchi. Due to crunch of funds the petitioner is facing difficulty and hardship in travelling to Bokaro. She has also to look after her two minor children. Due to lack of fund she is facing hardship in engaging a counsel to defend the suit at Family Court, Bokaro. Due to crunch of funds the petitioner is facing difficulty and hardship in travelling to Bokaro. She has also to look after her two minor children. Due to lack of fund she is facing hardship in engaging a counsel to defend the suit at Family Court, Bokaro. In view of the aforesaid reasons and considering the convenience of the petitioner Original Suit (Matrimonial) No.47 of 2016, is ordered to be transferred from the court of Principal Judge Family Court, Bokaro, to the court of Principal Judge, Family Court, Ranchi at the stage at which it is. 7. In the result, transfer petition stands allowed. 8. Let a copy of this order be communicated to the courts below forthwith, for needful.