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2018 DIGILAW 650 (JHR)

Swati Singh v. Rajan Kumar Singh

2018-03-19

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K. Gupta, J. – Learned counsel for the petitioner seeks permission to carry out necessary correction in para-3 of the application as inadvertently due to typographical error as Section 9 has been mentioned whereas Matrimonial Suit No.21 of 2016 has been filed under Section 13 of the Hindu Marriage Act for dissolution of the marriage and a decree of divorce. 2. Permission is accorded. 3. Learned counsel shall carry out necessary correction in course of the day. 4. This application has been filed under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Suit No.21 of 2016 pending in the court of Principal Judge, Family Court, Dhanbad to the court of Principal Judge, Family Court, Jamshedpur. 5. It is submitted by the learned counsel that petitioner is dependent on her parents and she has been compelled to reside in her parental house on account of the ill-treatment meted out to her by the opposite party/husband. She has filed a case under the Guardian and Wards Act for custody of the child and a criminal case under Section 498- A of the Indian Penal Code and other allied sections in the civil courts, at Jamshedpur. That the opposite party is contesting the said guardianship case and facing the trial in the criminal case at Jamshedpur. It is submitted that the petitioner is facing great hardship in travelling from Jamshedpur to Dhanbad in defending the suit at Dhanbad and in engaging counsels to defend the suit at Dhanbad. On the above grounds it is prayed for transfer of the matrimonial suit from Dhanbad to Jamshedpur. 6. Mr. Shekhar Prasad Sinha, learned counsel appearing for the opposite party has opposed and submitted that the petitioner is a highly qualified lady and a Director of a news channel. She is earning Rs.45000- 50,000/- per month and there is no valid ground for allowing the transfer application. On query by this Court as to in which news channel the petitioner is working, learned counsel for the opposite party is unable to disclose the name of the news channel. 7. It is evident that the opposite party is facing trial in criminal case and contesting the guardianship case at Jamshedpur. In the surrounding circumstance no inconvenience shall be caused to the opposite party if the matrimonial suit is transferred from Dhanbad to Jamshedpur. 7. It is evident that the opposite party is facing trial in criminal case and contesting the guardianship case at Jamshedpur. In the surrounding circumstance no inconvenience shall be caused to the opposite party if the matrimonial suit is transferred from Dhanbad to Jamshedpur. Accordingly Matrimonial Suit No.21 of 2016, pending in the court of Principal Judge, Family Court, Dhanbad is ordered to be transferred to the court of Principal Judge, Family Court, Jamshedpur at the stage at which it is. 8. This transfer petition is, hereby, allowed. 9. Let this order be communicated to the courts below for needful.