SANTOSH ARORA Vs. GURJEET SINGH HORA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner no.1 instituted Maintenance Suit No.76 of 2017 pending before the court of learned Principal District and Sessions Judge cum designated Family Court, Ramgarh , which she wants to be transferred to the competent Family Court at Hazaribag. The maintenance suit has been instituted by the petitioner wife and her 13 years old daughter against the husband - sole opposite party. The marriage is of the year 2003 and a girl child was born in 2005. She had a complain of cruelty and had instituted a criminal case earlier against the husband and family members and also made a written complaint before the Gurudwara Sri Guru Singh Sabha, Ramgarh Cantt. Ramgarh. However with mutual consent a compromise was drawn and she went back to the matrimonial home on certain condition of payment of expenses of Rs.3000/- for the study of her daughter. She has enclosed medical prescription of the year 2013, which shows that she was suffering from some abnormality of her spinal cord.

(3.) Learned counsel for the petitioner submits that because of her medical condition and on ground of hardship the maintenance case should be transferred from Ramgarh to Hazaribag. Learned counsel for the petitioner does not dispute however that distance between Ramgarh and Hazaribag is hardly 40 Km approximately and is well connected. However, she submits that the maintenance suit was filed at the time when she was residing at Ramgarh but due to torture she shifted to her parents' house at Hazaribag and it is difficult for her to prosecute the suit at Ramgarh. She has also filed a suit for divorce at Hazaribag being MTS No. 06 of 2019. However, it is not disputed by learned counsel for the petitioner that petitioner no.1 has not filed any application before this Court for transfer of Ramgarh P.S. Case No. 06 of 2018 to Hazaribag but say that it is in the offing.