Amitav K. Gupta, J. - (1.) This petition has been filed under Section 24 C.P.C for transfer of Title Matrimonial Suit no.59 of 2017 pending in the court of learned Principal Judge, Family Court, Giridih to the court of Principal Judge, Family Court, Dhanbad.
(2.) Learned counsel for the petitioner has submitted that it would be evident from Annexure-3, that O.P. had earlier filed Title Matrimonial Suit no.1846/2014 in the Family Court, Dhanbad and the same was dismissed for non-prosecution. That thereafter, the O.P., in order to harass the petitioner, on the same facts, again instituted the aforesaid Matrimonial suit in the Family Court at Giridih. It is argued that due to physical harassment and mental torture the petitioner was compelled to reside at her parental house at Dhanbad. That she has also filed criminal case under Section 498A IPC at Dhanbad in which O.P. is appearing and no inconvenience will be caused to the O.P. if the said Matrimonial Suit is transferred from the Family Court, Giridih to Family Court, Dhanbad.
(3.) Heard. On perusal of the record it transpires that O.P. had not appeared on 24.11.2017, however, with a view to give an opportunity to O.P., the matter was adjourned but today also none has appeared on behalf of O.P.;