ANGESHWARI DEVI @ ASHA DEVI Vs. BISHESHWAR KARMALI

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for transfer of Matrimonial Suit No. 263 of 2009, pending in the Court of learned Principal Judge, Family Court, Ranchi, to the Court of learned Principal Judge, Family Court, Bokaro.

(2.) IT has been stated that the petitioner is a married wife of the opposite part. The opposite party tortured and harassed her and ousted from her matrimonial h1use. Since thereafter the petitioner has been living with her parent at Village Kalyani P.S. -Chandrapura, District -Bokaro. The opposite Party in order to further harass her filed the said matrimonial suit at Ranchi, which is now pending in the Court of Principal Judge, Family Court, Ranchi. The petitioner has been ousted by the husband (opposite party) and she has no independent source of income. The opposite party is rot making any provision for her assistance. It is difficult for her to travel alone to Ranchi to attend the said suit, which is at a distance of more than 100 K.Ms. and bear expenses of fooding, lodging and litigation to defend herself in the said matrimonial suit. It is very inconvenient and risky now -a -days for a lady to frequently travel from Bokaro to Ranchi to attend the Matrimonial Title Suit and that if the' said suit is not transferred to Bokaro, she would not be able to defend herself and she would be put to suffer irreparable ,loss and injury.

(3.) I have heard learned counsel for the parties and considered the facts and circumstances appearing on record. It is an admitted fact that the petitioner is not living with her husband -opposite party. The petitioner's father is in service in the district of Bokaro. According to the petitioner since after she was ousted by the opposite party from the matrimonial home, she has been living with her father nearby Bokaro. In absence of his parent, it is not possible to reside elsewhere alone. The petitioner has stated that the distance of Ranchi from Chandrapura, District -Bokaro is more than 100 K.Ms. Her father is an employee of Central Coalfields Ltd., it is not possible for him to accompany the petitioner to Ranchi on all the dates to attend the said matrimonial suit. The petitioner being a married woman, it is embarrassing for her to demand the expenses for travelling, fooding, lodging and cost of litigation on all the dates from her parent. The petitioner is a young lady and it is risky for her to travel and to stay in Ranchi alone.