JUDGEMENT
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(1.) This petition has been filed for transferring Title (Matrimonial) Suit No. 120 of 2007 filed by the respondent under Section 9 of the Hindu Marriage Act and pending in the Court of Principal Judge, Family Court, Ranchi to the Court of District Judge, Chaibasa. It is submitted that the petitioner is a lady and residing in her fathers house situated at Chakradharpur which is about 100 kms. away from Ranchi and she will face great difficulties in attending the Court at Ranchi. It is further submitted that Chaibasa is about 40 kms. and moreover, the respondent -husband has appeared in other two cases one for maintenance and the other case registered under Section 498 A of the I.P.C. filed by the petitioner and now pending in the Court of S.D.J.M., Porahat, Chaibasa.
On being asked whether respondent -Birendra Verma is on bail in the case under Section 498 A or not, Mr. Sen submitted that most probably he is on bail and if not, petitioner has got no objection, if he is granted bail in 498A case.
No body appeared on behalf of the opposite party on 17.11.2008, and therefore, the case was passed over. Again today also no body appeared on behalf of the opposite party to oppose the prayer made in this transfer petition.
In the circumstances, the Matrimonial Suit No. 120 of 2007 is transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of the District Judge, Chaibasa.
Let the records be transmitted within one week from the date of receipt/production of a copy of this order.
The District Judge, Chaibasa will proceed with the matrimonial suit in accordance with the law.
If the opposite party -Birendra Verma is not on bail in the case filed by the petitioner under Section 498 A etc.; he will be granted bail by the Court concerned on furnishing sureties for bail as directed by the Court.
With these observations and directions, this transfer petition is disposed of.;
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