AMITAV K.GUPTA, J. - (1.) This petition has been filed under Section 24 of the C.P.C seeking transfer of Matrimonial Title Suit no.76/2013 from the court of Principal Judge, Family Court, Hazaribagh to the court of Principal Judge, Family Court, Dhanbad.
(2.) Learned counsel for the petitioner has submitted that petitioner's marriage was solemnised with the O.P. as per muslim rights and customs on 14.03.2002 whereafter she was subjected to torture and cruelty for not fulfilling the demand of motorcycle and other articles, consequently she was driven out of her matrimonial house on 13.11.2011 and since then she has been residing at her parental house at Dhanbad along with her child aged 7 years old. It is submitted that O.P./husband has solemnised second marriage with the daughter of Jiyavi Ansari, resident of Lari, Ramgarh on 26.12.2013. That the petitioner has no source of income as she is dependent on her parents for her maintenance and sustenance and there is no male member to accompany her from Dhanbad to Hazaribagh. She is facing great difficulty and hardship in travelling 150 km from Hazaribagh to Dhanbad. On the above ground it is prayed that the aforesaid Matrimonial Title Suit No.76/2013 be transferred to the court of Family Court at Dhanbad.
(3.) Heard. On perusal of the process server report it transpires that the O.P./husband is residing in Mumbai since last 10 years and his arrival at the mentioned address seems to be not possible at present and nobody knows his present address hence notice has been returned unserved. Keeping in view the convenience of the petitioner/wife, Matrimonial Title Suit no.76/2013 pending in the court of Principal Judge, Family Court, Hazaribagh is hereby ordered to be transfered to the court of Principal Judge, Family Court, Dhanbad at the stage as it is.;