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2018 Supreme(Jhk) 2072

AMITAV K.GUPTA
Maya Pathak – Appellant
Versus
Santosh Pathak – Respondent


Advocates Appeared:
Suraj Singh, Adv., Ashish Kumar, Adv.

JUDGMENT

Amitav K. Gupta, J. – This application has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit no. 36 of 2017 from the court of Principal Judge, Family Court, Bokaro to the court of Principal Judge, Family Court, Dhanbad.

2. Learned counsel has submitted that the petitioner had instituted a criminal case under Section 498-A of the Indian Penal Code at Bokaro. The opposite party had faced the trial and was convicted for the offence under Section 498-A. In course of argument, learned counsel has submitted that as per instruction received by him, negotiation for settlement of the dispute has been initiated between the parties. It is submitted that the petitioner does not have any independent source of income and does not have sufficient means to engage a counsel to prosecute the case at Bokaro.

3. On the above grounds, it is prayed to transfer the said suit to the court at Dhanbad.

4. Learned counsel for the opposite party has opposed and submitted that the petitioner had prosecuted the criminal case under Section 498-A at Bokaro. This is suggestive of the fact that she is capable in prosecuting this case at Family Court, Bokaro and no vali

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