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2020 Supreme(Jhk) 315

APARESH KUMAR SINGH
Nimisha Pallavi – Appellant
Versus
Sashi Kumar – Respondent


Advocates Appeared:
Mr. Raja Ravi Shekhar Singh, Advocate, for the Appellant; Mr. Aashish Kumar, Advocate, for the Respondent

JUDGMENT

1. Mediation has failed as per the report at Flag-B bearing letter no. 344 dated 24.02.2020 submitted by learned Mediator, JHALSA despite best efforts and endeavours of the parties.

2. Petitioner wife seeks transfer of Original Suit No. 158 of 2018, instituted by the opposite party husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, from the court of learned Principal Judge, Family Court Dumka to the Court of learned Principal Judge, Family Court, Sahibganj for the reasons and circumstances explained in the instant petition inter alia as follows:

    After the parties entered into marriage on 05.12.2011 as per Hindu rites and customs, they were blessed with a male child, now aged 5 years living with the petitioner mother and studying in Class-K.G-I at St. Xavier School, Sahibganj. Because of marital discord petitioner had to leave her matrimonial home. A criminal case was instituted at Sahibganj against the husband and his relatives being Boreo P.S. Case No. 165 of 2017 under Section 323/341/504/498(A) /34 of the I.P.C and section 3/4 of the D.P. Act in which charge-sheet has been submitted. Petitioner has reasons to resist the prayer for

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