JUDGEMENT
Amitav K. Gupta, J. -
(1.)This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit Petition No.447 of 2015 from the court of Principal Judge, Family Court, Bokaro camp at Tenughat to the court of Principal Judge, Family Court, Hazaribagh.
(2.)Learned counsel has submitted that the petitioner was subjected to mental torture and physical harassment for non-fulfillment of the demand of dowry. She was compelled to leave her matrimonial house and since then she has been residing at her parental house at Hazaribagh. That the petitioner had earlier lodged a complaint with the police station at Chandrapura and the opposite party was called upon by the Officer InCharge of Chandrapura police station. That talks took place whereafter the opposite party-husband had executed a bond with an undertaking that he would not harass the petitioner and take proper care of her. Thereafter she went to her matrimonial home but the opposite party did not mend his ways and continued harassing her and forced her to leave the matrimonial home. The petitioner lodged a criminal case under Section 498-A against the opposite party which is pending in the court of Judicial Magistrate at Hazaribagh and has also filed a maintenance case under Section 125 Cr.P.C. in the court of Principal Judge, Family Court, Hazaribagh.
It is submitted that the petitioner is dependent upon her parents for her livelihood. She does not have the funds to engage a counsel to defend the suit at Family Court, Bokaro, camp at Tenughat or to meet the travel expenses from Hazaribagh to Bokaro. On the above grounds the prayer has been made for transfer of the said suit.
(3.)Heard. From perusal of the record it transpires that notice has been validly served upon the opposite party. On 202.2018 none had appeared on behalf of the opposed party however, an opportunity was given for appearance of the opposite party and the case was posted for today. Today also on repeated call none has appeared on behalf of the opposite party.
It is evident from the delineated facts that the petitioner has instituted criminal case under Section 498-A and maintenance case under Section 125 Cr.P.C. in courts at Hazaribagh. The opposite party has to appear and face the trial in the criminal case as well as in the case under Section 125 Cr.P.C. at Hazaribagh. In the attending circumstances, it is deemed just and proper to transfer Original Suit Petition No.447 of 2015 from the court of Principal Judge, Family Court, Bokaro camp at Tenughat to the court of Principal Judge, Family Court, Hazaribagh.
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