RUBY DEVI, WIFE OF BIRBAL SINGH Vs. BIRBAL SINGH, SON OF LAGTE NIRANJAN SINGH
LAWS(JHAR)-2018-10-111
HIGH COURT OF JHARKHAND
Decided on October 26,2018

Ruby Devi, Wife Of Birbal Singh Appellant
VERSUS
Birbal Singh, Son Of Lagte Niranjan Singh Respondents

JUDGEMENT

Amitav K. Gupta, J. - (1.) This petition has been filed under Section 24 of the Civil Procedure Code for transfer of Matrimonial Suit no.240 of 2015 pending in the court of Principal Judge,Family Court, Ramgarh to the court of Principal Judge, Family Court, Bermo, at Tenughat (Bokaro).
(2.) Learned counsel for the petitioner has submitted that the petitioner was compelled to leave the matrimonial house on account of the mental and physical harassment and torture perpetuated by the O.P. and she is presently residing with her brother at Bermo -Tenughat. It is submitted that the petitioner has lodged a complaint case under Section 498A IPC and other allied sections of the Indian Penal Code in the courts of Chief Judicial Magistrate, Bermo at Tenughat and the O.P. has been granted anticipatory bail in the said case and he is facing trial in the said case. That the petitioner has also filed maintenance case under Section 125 Cr.P.C in the civil courts, Bermo at Tenughat(Bokaro). That the petitioner does not have any independent source of income and she is dependent for her livelihood upon her brother. That she is facing great difficulty and hardship in travelling from Tenughat to defend the suit at Ramgarh. She does not have sufficient fund to engage a counsel to defend the suit at Ramgarh.
(3.) Learned counsel for the O.P. has opposed and submitted that the petitioner has left the company of the O.P. without any sufficient cause. That the petitioner has lodged the criminal case after lodging of the matrimonial suit by the O.P. That the O.P. is ready to bear the travelling expenses of the petitioner.;


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