AI Structured Summary
Not yet generated for this judgment
Judgment
This petition has been filed, under Section 24 of the Code of Civil Procedure, for transfer of M.T.S. No.81 of 2011 from the court of the Principal
Judge, Family Court, Hazaribagh to the court of the Principal Judge, Family Court at Chaibasa.
It is submitted by the learned counsel that the petitioner is residing at Chaibasa with her minor daughter. That she had filed a case under Section
125 Cr.P.C. in the Family Court at Chaibasa wherein vide order dated 29.08.2017 the opposite party was directed to pay Rs.5000/- per month as
maintenance, but, till date the opposite party has not complied with the order. It is submitted that the petitioner is facing great hardship and difficulty
as she does not have the required fund to meet the expenses for her travel from Chaibasa to Hazaribagh and for engaging a counsel to defend the suit
at Hazaribagh. She has to look after and take care of her minor daughter and there is no able bodied male member in the family to accompany her
to Hazaribagh.
Learned counsel on behalf of the opposite party has opposed and submitted that earlier the parties had agreed to settle the dispute but due to the
adamant attitude of the petitioner the talks of compromise failed. It is argued that the opposite party has filed a criminal revision against the order of
maintenance which is pending before this High Court. It is argued that the present petition has been filed by the petitioner with an ulterior motive
and the petition is fit to be dismissed. 4. Heard. It is evident that the opposite party has not paid any maintenance amount and the petitioner is facing
great hardship in travelling from Chaibasa to Hazaribagh, along with her minor daughter, for defending the suit at Hazaribagh. She does not have any
independent source of income nor the required fund to meet the expenses for her travel or to engage a counsel at Hazaribagh, therefore, taking into
account the convenience of the petitioner, M.T.S. No.81 of 2011 pending in the court of the Principal Judge, Family Court, Hazaribagh is ordered to be
transferred to the court of the Principal Judge, Family Court at Chaibasa at the stage as it.
This transfer petition stands allowed.
Let a copy of this order be communicated to the courts below.