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Judgment
Learned counsel for the petitioner submits that this Hon''ble Court vide order dated 17.02.2017 passed in A.B.A. no. 1524 of 2016 was pleased to direct the petitioner to deposit the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) in the court of the Principal Judge, Family Court, Ranchi since the Divorce Case being M.C. no. 1717 of 2015 has been transferred from the Principal Judge, Family Court, Bangalore to the Principal Judge, Family Court, Ranchi vide order dated 01.02.2017 by the Hon''ble Supreme Court in Transfer Petition (Civil) no. 1144 of 2015.
Learned counsel for the petitioner further submits that in pursuance of the order dated 17.02.2017 passed in A.B.A. no. 1524 of 2016, the learned counsel for the petitioner went to the Court of Principal Judge, Family Court, Ranchi on 23.02.2017 with the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) as well as the certified copy of the order dated 17.02.2017 passed in A.B.A. no. 1524 of 2016 but the same was not accepted there as the records of M.C. no. 1717 of 2015 were not received from the Principal Judge, Family Court, Bangalore to the Principal Judge, Family Court, Ranchi, which has been order to be transferred vide order dated 01.02.2017 passed by the Hon''ble Supreme Court in Transfer Petition (Civil) no. 1144 of 2015 and as such no case is pending before the Principal Judge, Family Court, Ranchi where it can be kept. It is further submitted that the petitioner undertakes to deposit the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) before the Principal Judge, Family Court, Ranchi as soon as the records of M.C. No. 1717 of 2015 are received by the Principal Judge, Family Court, Ranchi from the Principal Judge, Family Court, Bangalore which has been ordered to be transferred vide order dated 01.02.2017 passed by the Hon''ble Supreme Court in Transfer Petition (Civil) no. 1144 of 2015.
Learned counsel for the petitioner also submits that in view of the aforesaid facts, it is evident that the petitioner could not deposit the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) before the Principal Judge, Family Court, Ranchi within the specified period in pursuance of the order dated 17.02.2017 passed in A.B.A. no. 1524 of 2016.
Learned counsel for the petitioner, accordingly, submits that the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) shall be deposited before the Principal Judge, Family Court, Ranchi as soon as the records of M.C. No. 1717 of 2015 are received by the Principal Judge, Family Court, Ranchi on being transmitted from the Principal Judge, Family Court, Bangalore.
In view of the said submission, learned counsel for the petitioner is directed to deposit the demand draft of Rs.17,00,000/- (Rs. Seventeen Lacs only) before the Principal Judge, Family Court, Ranchi, within a period of three weeks from the date of receipt of the records of M.C. No. 1717 of 2015 on being transmitted from the Principal Judge, Family Court, Bangalore. If the validity period of the demand draft expires in the meantime, the petitioner is under obligation to get it renewed.
The order dated 17.02.2017 passed in A.B.A. no. 1524 of 2016 is modified to the aforesaid extent.
This criminal miscellaneous petition stands disposed of accordingly.