SHIVANI KUMARI @ SHIVANI PRAMANIK Vs. HARILAL PRAMANIK

JUDGEMENT

(1.) This petition has been filed under Section 24 of the Code of Civil Procedure, for transfer of M.T.S. Case No.194 of 2014, pending in the court of Principal Judge, Family Court, Ranchi, to the court of Principal Judge, Family Court, Seraikella.

(2.) Learned counsel for the petitioner has submitted that the petitioner is staying with her parents at village Buruhatu, Seraikella which is 150 kms. away from Ranchi. That she is not keeping in good health. That due to her ill health she was unable to attend the courts at Ranchi consequent thereto she was also debarred from filing her written statement. That the petitioner has filed P.C. Case No.5730 of 2017 under Section 498A and other allied sections of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act. The court in exercise of power under Section 156 (3) Cr.P.C has sent the complaint to the police for registering a police case. It is submitted that the petitioner has to look after her two years old minor daughter and she is facing great hardship and difficulty in travelling from Buruhatu, Seraikella to Ranchi to defend the suit. That she does not have any independent source of income neither the funds to meet the travelling expenses or to defend the suit, hence, prays that the said matrimonial suit be transferred to the court of Principal Judge, Family Court, Seraikella.

(3.) Learned counsel for the opposite party has opposed the prayer and submitted that in the anticipatory bail application, preferred by O.P., the Court has directed the O.P. to pay Rs. 8,000/- as maintenance. Both the parties have been directed to be physically present before the Court and there are chances of settlement of the dispute through mediation. The petitioner is being paid Rs. 8,000/- hence, her plea that she does not have sufficient fund or income is falsified.