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2018 DIGILAW 634 (JHR)

Anjali Gupta v. Ranjit Kumar

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 M.T.S. No.293 of 2016 from the court of Principal Judge Family Court, Ranchi, to the court of Principal Judge, Family Court, Chaibasa. 5. Learned counsel, for the petitioner, has submitted that the O.P./ husband has instituted the suit for dissolution of marriage on the ground that petitioner is suffering from mental disease. That in fact the petitioner was mentally tortured and harassed and driven out of the matrimonial home. Whereafter, she is residing with her parents in village Jaitagarh within the district of West Singhbhum. It is submitted that she does not have any source of income nor the required funds to bear the travelling expenses and to defend the suit at Ranchi. That she has also to look after her year old child and she is facing great difficulty and hardship in traveling from West Singhbhum at Chaibasa to Ranchi along with her child. On the above grounds, it is prayed that the said suit, be transferred to the Family Court, West Singhbhum at Chaibasa. 6. Heard. The matter was called out in the first half and 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. The O.P/ husband has instituted the matrimonial suit on the ground that the petitioner is suffering from mental disease. If the allegation of the O.P is taken at its face value then the inference can be drawn that petitioner is incapable of travelling all alone from her village at Chaibasa to Ranchi. Moreover, she does not have any independent source of income to engage a counsel to defend the suit at Ranchi. Therefore, considering the convenience of the petitioner M.T.S. No.293 of 2016, is ordered to be transferred from the court of Principal Judge Family Court, Ranchi, to the court of Principal Judge, Family Court, West Singhbhum at Chaibasa at the stage at which it is. 7. Therefore, considering the convenience of the petitioner M.T.S. No.293 of 2016, is ordered to be transferred from the court of Principal Judge Family Court, Ranchi, to the court of Principal Judge, Family Court, West Singhbhum at Chaibasa 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.