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2018 DIGILAW 844 (JHR)

Laxmi Kumari @ Laxmi Devi, W/o Bikash Kumar Rawani, D/o Shyam Rawani v. Bikash Kumar Rawani, S/o Basasnt Singh @ Basant Rawani

2018-04-12

AMITAV K.GUPTA

body2018
ORDER : This petition has been filed under Section 24 C.P.C for transfer of Title Matrimonial Suit no.59 of 2017 pending in the court of learned Principal Judge, Family Court, Giridih to the court of Principal Judge, Family Court, Dhanbad. 2. Learned counsel for the petitioner has submitted that it would be evident from Annexure-3, that O.P. had earlier filed Title Matrimonial Suit no.1846/2014 in the Family Court, Dhanbad and the same was dismissed for non-prosecution. That thereafter, the O.P., in order to harass the petitioner, on the same facts, again instituted the aforesaid Matrimonial suit in the Family Court at Giridih. It is argued that due to physical harassment and mental torture the petitioner was compelled to reside at her parental house at Dhanbad. That she has also filed criminal case under Section 498A IPC at Dhanbad in which O.P. is appearing and no inconvenience will be caused to the O.P. if the said Matrimonial Suit is transferred from the Family Court, Giridih to Family Court, Dhanbad. 3. Heard. On perusal of the record it transpires that O.P. had not appeared on 24.11.2017, however, with a view to give an opportunity to O.P., the matter was adjourned but today also none has appeared on behalf of O.P. 4. It is evident from the materials on record that O.P. had earlier instituted Title Matrimonial Suit no.1846/2014, as2. contained in Annexure-3, at Family Court, Dhanbad and on dismissal of the said Matrimonial suit he has instituted the aforementioned Matrimonial suit at Giridih. The petitioner has instituted criminal case at Dhanbad and the O.P. is facing trial in the said case at Dhkanbad. The petitioner is facing great hardship and difficulty in travelling from Dhanbad to Giridih and does not have any source of income or sufficient fund to engage a counsel to defend the suit at Giridih. 5. In the attending facts and circumstances, this petition stands allowed and Matrimonial Suit No.59 of 2017 is ordered to be transferred from the Family Court, Giridih to the Family Court at Dhanbad at the stage at which it is. 6. It transpires that the direction issued by the High Court to adopt uniformity in nomenclature with respect to caption and cause title of a case is not being adhered to by some of the district courts. In the instant case the nomenclature of the case has been styled as Title Matrimonial Suit. 6. It transpires that the direction issued by the High Court to adopt uniformity in nomenclature with respect to caption and cause title of a case is not being adhered to by some of the district courts. In the instant case the nomenclature of the case has been styled as Title Matrimonial Suit. One fails to understand as to what question of title is to be decided in a matrimonial suit. 7. Registrar General is advised to place the matter before Hon’ble the Acting Chief Justice for needful. 8. Let a copy of this order be communicated forthwith to the courts below.