LAWS(JHAR)-2016-9-81

SONI DEVI, W/O SANTOSH KUMAR VERMA, D/O SHRI SHANKAR RAM RESIDENT OF BEHIND PLAZA CINEMA, LOHARAKOCHA, P.O. & P.S. Vs. THE STATE OF JHARKHAND

Decided On September 07, 2016
Soni Devi, W/O Santosh Kumar Verma, D/O Shri Shankar Ram Resident Of Behind Plaza Cinema, Loharakocha, P.O. And P.S. Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) By filing this instant application, the petitioner has prayed for transfer of Matrimonial Divorce Suit No.13 of 2014 filed by the opposite party no.2-husband from the court of learned Principal Judge, Family Court, Gumla to the court of learned Principal Judge, Family Court, Ranchi.

(2.) The opposite party no.2, who is the husband of the petitioner, filed a divorce suit under Sec. 13(1a) and 13(1b) of the Hindu Marriage Act, 1995 for a decree for divorce against the petitioner. The facts of the case which is relevant for the proper adjudication of the issue involved in this case, in short, is that the marriage of the petitioner was solemnized with the present opposite party no.2 on 01.06.2005 at the residence of petitioner's parent at Loharakocha, P.S.-Lalpur, Ranchi and after marriage the petitioner went to her Sasural which is at Sisai, Gumla to live with the opposite party no.2 but after few years of the marriage the opposite party no.2 and his family members started demanding dowry and because of non-fulfilment, she was physically and mentally tortured. Even after giving a Tata Magic to the opposite party by her father, lust for dowry of the opposite party continued. Where after, she was ousted from her matrimonial house. The petitioner has got no independent source of income and she is fully dependent on the income of her old father and it is difficult for her to attend the court at Gumla on each and every date. Hence, her prayer is to transfer the divorce suit from Gumla to Ranchi.

(3.) It appears from the record of this case that as the petitioner appears to be financially weak, she approached the Jharkhand High Court Legal Services Committee with prayer to file appropriate petition before the court for transfer, where after this transfer petition was filed at the instance of Jharkhand High Court Legal Services Committee.