Jharkhand High Court
Rubi Kumari vs Sri Alankar Kumar on 2 March, 2017
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (C) No.14 of 2016
Rubi Kumari, W/o Shri Alankar Kumar, D/o Shri Dinesh
Pandey, R/o Village - Chunglo, P.O. - Chunglo, P.S. -
Jamua, District - Giridih (Jharkhand) ..... Petitioner
Versus
Sri Alankar Kumar, S/o Shri Harihar Upadhyay, R/o
Village - Belnigarh (Biran Kita), P.O. - Belbadda, P.S. -
Belbadda, District - Godda (Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. Rama Kant Tiwari, Advocate
For the O.P : Mrs. Abha Verma, Advocate
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nd
05/Dated: 2 March, 2017
The present petition has been filed under Section 24 of the Code of Civil Procedure for transfer of H.M.A Petition No.121 of 2015 from the court of Principal Judge, Family Court, Godda, to the court of Principal Judge, Family Court, Giridih.
2. Learned counsel for the petitioner has submitted that the petitioner/ wife was harassed by the O.P/ husband and relatives for non-fulfillment of the dowry demand whereafter she was brought and left to reside at her parental house by O.P/ husband and his relatives. The petitioner was hopeful that better sense would prevail upon the O.P/ husband and he would take her back. That O.P/ husband had instituted H.M.A. No.27 of 2012 under Section 9 of the Hindu Marriage Act and on receipt of notice the father of the petitioner had gone to Godda for finding the detail of the case but he was assaulted by the father of O.P and other relatives at Godda for which P.C.R Case No.588 of 2014 was lodged by the father of the petitioner (Annexure - 2) That the O.P withdrew the case. That since the petitioner was tortured she instituted a criminal case under Section 498A I.P.C. and 3/ 4 Dowry Prohibition Act which was instituted as Jamua P.S. Case No.181 of 2015. It is submitted that after institution of the criminal case by the petitioner the O.P/ husband filed H.M.A No.121 of 2015 under Section 13(i) (a) of Hindu Marriage Act dissolution of the marriage.
It is argued that the petitioner is apprehensive that she shall be physically harmed or assaulted by O.P/ husband and his relatives at Godda as earlier they had assaulted her father. That she is facing hardship and difficulty in travelling from
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Giridih to Godda and in engaging advocate at Godda for prosecuting the case.
On the above grounds, it is prayed that the aforesaid matrimonial case be transferred to the court of Principal Judge, Family Court, Giridih.
3. Learned counsel appearing on behalf of the opposite party/ husband has submitted that court below has directed payment of Rs.600/- to the petitioner as travel expenses for two persons from Giridh to Godda on the dates fixed in the case. That H.M.A Petition No.121 of 2015 is at the concluding stage as the O.P has closed his evidence and the case is fixed for the evidence of the petitioner, hence, the transfer of the case from Godda to Giridih at this stage will cause inconvenience to the O.P. It is submitted that earlier the petitioner had filed a transfer petition being Transfer Petition (C) No.36/36 for transfer of Matrimonial Suit No.27 of 2012 which was dismissed as withdrawn. That the petitioner has again filed this petition for transfer of H.M.A Petition No.121 of 2015 without assigning any valid reason. That in fact O.P/ husband is still ready and willing to keep the petitioner as his wife with full honour and dignity.
It is argued that transfer petition is devoid of any merit and fit to be dismissed.
4. Heard. It is not disputed that earlier O.P had filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal right against which the petitioner had filed transfer petition. That O.P had withdrawn the said matrimonial suit whereafter the transfer petition was also withdrawn. Admittedly, the petitioner/ wife has filed criminal case under Section 498A I.P.C and other allied sections and 3/ 4 of Dowry Prohibition Act, against O.P at Civil Courts, Giridih and the O.P has to appear in the said criminal case. As per Annexure - 1, it transpires that P.C.R. case was lodged against the father of O.P for the incident which took place on 02.07.2014 at Godda. The petitioner is facing hardship and difficultly in travelling from Giridih to Godda in prosecuting the case. The O.P has to attend courts at Giridih in criminal case, hence, it will not cause any inconvenience to O.P if the present case is also transferred to Family Court, Giridhi. Thus, considering the convenience of the petitioner/ wife, it will be just and proper to transfer the H.M.A Petition No.121 of 2015 at the
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stage at which it is pending, before the Principal Judge, Family Court, Godda, to the court of Principal Judge, Family Court, Giridih.
5. With the said direction and observation, the transfer petition stands allowed.
6. Let a copy of this order be communicated to the courts below, for needful.
(AMITAV K. GUPTA, J.) Chandan/-