NEELAM KUMARI Vs. DEEPAK KUMAR JAISWAL
LAWS(JHAR)-2005-1-51
HIGH COURT OF JHARKHAND
Decided on January 28,2005

NEELAM KUMARI Appellant
VERSUS
Deepak Kumar Jaiswal with Respondents

JUDGEMENT

NARENDRA NATH TIWARI, J. - (1.) IN Transfer Petition (Civil) No. 10/2004, the petitioner has prayed for transfer of Matrimonial Case No. 61/2004 from the Court of the Principal Judge, Family Court, Ranchi to the Court of the Principal Judge, Family Court, Bokaro at Chas or to any other competent Court, Bokaro at Chas and to direct him to hear Title (Matrimonial Suit No. 54/2004 along with Matrimonial Case No. 61/2004 at Bokaro.
(2.) THE case of the petitioner is that the respondent along with his brothers and friends abducted her forcibly from her residence i.e. Qr. No. 318, Sector III/E, Bokaro Steel City, Bokaro on 2003 while she was alone in the house. A marriage certificate was obtained fraudulently, which is colourable and void. The petitioner has filed a petition on 5.2004 in the Court of the Principal Judge, Family Court, Bokaro against the respondent for declaring the said marriage certificate, issued from the office of Non -Official Marriage Officer, Raghunathpur Sub -Division, District Purulia (WB), as null and void under Section 24 of the Special Marriage Act. The said petition has been registered as matrimonial Suit No. 54/2004 in the Court of the Principal Judge, Family Court, Bokaro. The respondent, on the other hand, has filed the matrimonial suit being Matrimonial Case No. 61/2004 in the Court of the Principal Judge, Family Court, Ranchi for restitution of conjugal right under Sec. 9 of the Hindu Marriage Act. It has been submitted in the petition that there is no adult male member to accompany the petitioner to attend the Court at Ranchi. It has been stated that the petitioner is residing at Bokaro Steel City along with her father and the distance of Ranchi from Bokaro Steel City is about 150 K.Ms (one way) and in that view, she has to travel about 300 K.Ms to attend the said suit at Ranchi. The petitioner 'sfather is an employee of Bokaro Steel Plant and he has no time to accompany the petitioner from Bokaro to Ranchi on different dates. 3 Notice was issued to the respondent, but no counter affidavit has been filed by him.
(3.) ACCORDING to the respondent, he has taken relevant grounds in his transfer petition filed by him being 5/2004.;


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