Poonam Srivastav - (1.) THIS is a transfer petition at the behest of the wife to transfer the matrimonial petition from Family Court, Palamau at Daltonganj to the court of District Judge, Koderma.
(2.) I have gone through the entire order -sheet. Apparently, the counsel appearing on behalf of the husband -opposite party was allowed time to file counter affidavit, but no counter affidavit is on record. Till date, proceedings continued and finally having no other option, the counsel on behalf of the petitioner moved I.A. No. 334 of 2011 to stay the proceedings in Matrimonial Suit No. 16 of 2010. This Court stayed the proceedings till the final disposal. The transfer petition is called out thrice, but counsel appearing on behalf of the husband -opposite party is not available. Thus, I am not inclined to grant further adjournments and the transfer petition is being heard on merit and decided finally.
(3.) THE ground for transfer is that the applicant is a poor lady with a small child of one year. This fact was mentioned in the year 2010. However, the child is approximately 2 1/2 years old today and she has no source of income, therefore, she is unable to attend the proceedings before the court at Palamau, Daltonganj. The applicant can ill -afford to travel with a small child on each and every date fixed, besides, she has no other person who can accompany her on various dates and this has considerably led to institution of the transfer petition.;