POOJA GUPTA @ POOJA KUMARI Vs. MANISH GUPTA

JUDGEMENT

(1.) The Petitioner, who is wife of opposite party, namely Manish Gupta, has prayed for transfer of Original Petition No. 31 of 2008 from the Court of Principal Judge, Family Court, Munger to Family Court, Jamui for its trial and disposal. The Petitioner submits that she was married to the opposite party, Manish Gupta on 20.2.2007. After marriage, her husband Manish Gupta began to torture her for dowry. Thereafter he filed Original Petition No. 31 of 2008 in February, 2008 for divorce.

(2.) The Petitioner submits that her parents are dead and she is now dependant upon her brothers, who too are unemployed. Furthermore, the distance between jamui and Munger is about 100 Kms. and the journey is through difficult terrains.

(3.) Counsel for the opposite party submits that the Petitioner has filed Complaint Case No. 394 C of 2008 under Sections 147, 323, 498(A), 379/504, 307 and 324 of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act against him. He further submits that Petitioner has also complained against him before the Women Commission. The brothers of the Petitioner have threatened him to withdraw the divorce case and he apprehends danger to his life if case is transferred to Jamui. Learned Counsel also submits that the Apex Court in case of Y.A. Ajit v. Sofana Ajit, 2007 AIR(SC) 3151 held that while transferring a case from one Court of Family Court to the other place, concept of place where cause of action arises should be kept in mind. It is not in dispute that Petitioner was married at Jamui and she has lost even her parents. Nothing has been placed on record to show that Petitioner has any other means of livelihood. Furthermore, the distance between Munger and Jamui is 100 Kms. No substantial inconvenience will be caused to the opposite party, if the case is transferred to Jamui from Munger. It has been stated by the Petitioner that her husband has sufficient means to travel Jamui to attend the Court.