Ranjita Gupta Alias Ranjita Devi vs Sumit Kumar on 21 April, 2014

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Jharkhand High Court

Ranjita Gupta Alias Ranjita Devi vs Sumit Kumar on 21 April, 2014

Bench: D. N. Upadhyay

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Transfer Petition (Civil) No. 47 of 2013

                            Ranjita Gupta @ Ranjita Devi                    ... ...Petitioner
                                               -V e r s u s -
                            Sumit Kumar                                 ... ...Opposite Party

              CORAM: -       HON'BLE MR. JUSTICE D. N. UPADHYAY

              For the Petitioner          : Mr. Shadab Haque, Advocate.
              For the Respondents :        Mr. Yogendra Prasad, Advocate.


     06/21.04.2014

This petition has been filed under Section 24 of the Civil Procedure Code with a prayer to transfer Matrimonial Title Suit No. 144 of 2012 from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Garhwa.

It is contended that the petitioner is an unemployed lady and presently living with her parents after being deserted by the opposite party. She is fully dependent on her old ailing parents. She does not have independent source of income. There is no frequent conveyance between Garhwa to Ranchi and she will have to face problem in attending Court from Garhwa to Ranchi. On the other hand the opposite party is posted in Central Bank in the District of Ambikapur which is adjacent to Garhwa.

On the other hand counsel appearing for the opposite party has opposed the prayer and submitted that the petitioner is having sufficient means to attend the Court at Ranchi and she has been discharging her responsibility without being assisted by anyone.

I have gone through the materials placed before me. It is not disputed that Ambikapur where the opposite party is posted in Central Bank is nearer to the District of Garhwa.

Considering the constraint explained by the petitioner in this petition and also taking into consideration that the district of Ambikapur where the opposite party is employed is nearer to Garhwa, I feel inclined to allow this petition and accordingly Matrimonial Title Suit No. 144 of 2012 is hereby transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Garhwa. It is made clear that the learned Principal Judge, Family Court, Garhwa, after receipt of the case records, shall be at liberty to proceed further. The parties shall be served with notice so that they may appear to contest the suit.

With the aforesaid observations and direction, this petition stands allowed.

(D. N. Upadhyay, J.) RC

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