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2008 Supreme(Jhk) 1285

R.K. Merathia, J.
Shreemati Sikha Kumari - Petitioner
vs.
Kamal Sahay - Opp. Party
Tr. Petition No. 11 of 2008
Decided on : 19.11.2008

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jitendra Nath.
For the Opp. Party: Mr. A.K. Srivastava.

Headnote:Code of Civil Procedure, 1908—Section 22—Transfer of Matrimonial suit—Prayer has been made for transfer of suit from Family Court, Bokaro to Family Court, Ranchi because case for maintenance for the same cause of action is going on at Ranchi—Direction given accordingly—Petition disposed off.

Order

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. Let the records be transmitted within one week from the date of receipt of a copy of this order.

7. The Family Court at Ranchi will proceed with the matters in accordance with law, in which the parties will cooperate.

8. With these observations and directions, this Transfer Petition is disposed of.



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