INDRANI GUPTA Vs. ASHISH KUMAR GUPTA

JUDGEMENT

(1.) Opposite Party has not entered appearance despite service of notice and indulgence granted on 17/4/2021.

(2.) Heard learned counsel for the petitioner. Petitioner wife seeks transfer of Original Suit M.T.S.No. 212 of 2020 instituted by the opposite party husband for divorce on the ground of cruelty under Sec. 13(1) i-a of the Hindu Marriage Act, 1955 from the court of learned Principal Judge, Family Court, Ranchi to the court of learned Principal Judge, Family Court, Palamau at Daltonganj.

(3.) Learned counsel for the petitioner submits that marriage between the parties was solemnized on 22/11/2015 at Ranchi as per Hindu rites and ritual. Despite fulfillment of all demands of the in-laws, illegal demand of dowry started after the opposite party husband was terminated from service as Branch Manager of Indian Bank due to misappropriation of money. Thereafter, he has filed the original suit for divorce. No children have been borne out of the wedlock. Petitioner being aggrieved with the torture has filed Chainpur P.S. Case No. 251 of 2020 under Sec. 341/342/323/498A /504 of the I.P.C and 3/4 of the Dowry Prohibition Act against the opposite party husband and others which is pending before the court of learned SDJM, Daltanganj. Petitioner applicant having no independent source of income is completely dependent upon her aged parents, who are residing at Narsinghpur under Chainpur P.S. in the district of Daltong anj. Ranchi is approximately 200 Km from Palamau. It is extremely difficult for her to undertake journey to attend the proceedings of the matrimonial suit at Ranchi including her stay etc. The suit may remain uncontested in such circumstances. Therefore, the matrimonial suit be transferred otherwise petitioner may suffer irreparably.