IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tr. Petition No. 11 of 2008
Shreemati Sikha Kumari .....Petitioner
Versus
Kamal Sahay ......Opposite Party
Coram : THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Petitioner : Mr. Jitendra Nath, Advocate
For the Opposite Party : Mr. A.K. Srivastava, Advocate
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5/19.11.2008
This Transfer Petition has been filed for transferring
Matrimonial Title Suit No. 95 of 2008, pending before the Court of
Principal Judge, Family Court, Bokaro to the Principal Judge, Family
Court at Ranchi.
Mr. Jitendra Nath, appearing for the petitioner, submitted
that petitioner has filed a petition for maintenance before the Principal
Judge, Family Court at Ranchi, in which the opposite party is appearing
and therefore it will be proper that both the cases are heard at Ranchi.
Mr. Arun Kumar Srivastava, appearing for the respondent,
on the other hand submitted that neither it is stated in the petition that
there will be comparative hardship, nor it is said that there is financial
difficulty. He further submitted that the allegation of threat is also
baseless.
In reply, Mr. Jitendra Nath submitted that the comparative
hardship on the part of the petitioner can be well understood. Moreover,
as the maintenance case is also going on at Ranchi, it will be proper and
convenient for both the parties that both the cases are heard by the
Principal Judge, Family Court at Ranchi.
In the facts and circumstances of the case, I am inclined to
transfer the Matrimonial Title Suit from Bokaro to Ranchi. Accordingly,
Matrimonial Title Suit No. 95 of 2008 is transferred from the Court of
Principal Judge, Family Court, Bokaro to the Court of Principal Judge,
Family Court, Ranchi.
Let the records be transmitted within one week from the date
of receipt of a copy of this order.
The Family Court at Ranchi will proceed with the matters in
accordance with law, in which the parties will cooperate.
With these observations and directions, this Transfer Petition
is disposed of.
( R.K. Merathia, J)
Rakesh/