Aparesh Kumar Singh,J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner no.1 instituted Maintenance Suit No.76 of 2017 pending before the court of learned Principal District and Sessions Judge cum designated Family Court, Ramgarh , which she wants to be transferred to the competent Family Court at Hazaribag. The maintenance suit has been instituted by the petitioner wife and her 13 years old daughter against the husband - sole opposite party. The marriage is of the year 2003 and a girl child was born in 2005. She had a complain of cruelty and had instituted a criminal case earlier against the husband and family members and also made a written complaint before the Gurudwara Sri Guru Singh Sabha, Ramgarh Cantt. Ramgarh. However with mutual consent a compromise was drawn and she went back to the matrimonial home on certain condition of payment of expenses of Rs.3000/- for the study of her daughter. She has enclosed medical prescription of the year 2013, which shows that she was suffering from some abnormality of her spinal cord. It is the case of the petitioner no.1 that she was again tortured, as a result, she got paralyzed for quite some time and had to leave her teaching job due to bad health in the year 2015. She is suffering from chronic disease called as Steven's Jhonsons syndrome. Her daughter has been shifted to a Boarding School at Ranchi and petitioner no.1 is staying with her parents at Hazaribag. Because of inability of her parents to support her financially and also due to old age, she had to file maintenance suit before the learned Principal District and Sessions Judge cum designated Family Court, Ramgarh under Section 125 Cr.P.C. (Annexure-3). She contends that when she came back to the matrimonial house on 07.02.2018, she was again assaulted and threatened to kill her along with her daughter. She then filed Ramgarh P.S. Case No. 06 of 2018 on 09.02.2018 under Section 498A of the I.P.C. It is the case of the petitioner that whenever she has visited Ramgarh, she has been threatened. She has also complained to the Superintendent of Police, Ramgarh but no steps have been taken. In the criminal case opposite party husband has been granted anticipatory bail on the condition of payment of Rs.7000/- per month for both petitioner and her daughter as interim maintenance vide order dated 30.10.2018 passed in A.B.A. No. 3203 of 2018 (Annexure-6).
(3.) Learned counsel for the petitioner submits that because of her medical condition and on ground of hardship the maintenance case should be transferred from Ramgarh to Hazaribag. Learned counsel for the petitioner does not dispute however that distance between Ramgarh and Hazaribag is hardly 40 Km approximately and is well connected. However, she submits that the maintenance suit was filed at the time when she was residing at Ramgarh but due to torture she shifted to her parents' house at Hazaribag and it is difficult for her to prosecute the suit at Ramgarh. She has also filed a suit for divorce at Hazaribag being MTS No. 06 of 2019. However, it is not disputed by learned counsel for the petitioner that petitioner no.1 has not filed any application before this Court for transfer of Ramgarh P.S. Case No. 06 of 2018 to Hazaribag but say that it is in the offing.;