Kusum Kumari vs Jitendra Kumar

Heard learned counsel for the petitioner, Mr. Lukesh Kumar.

Opposite party-husband has not yet entered appearance despite valid service of notice through both modes and adjournments granted thereafter on 26th June, 2020 and 10th July, 2020.

Petitioner contends that the marriage between the parties was solemnized on 1st July, 2017. She was subjected to torture and ill-treatment on non- fulfilment of demand of dowry. She was compelled to leave the matrimonial home and go back to Bokaro to her parents, who are suffering from various ailments. She filed Original Maintenance Case No. 81 of 2019 before learned Principal Judge, Family Court, Bokaro for grant of maintenance for her survival as she has got no source of income. Petitioner also instituted a criminal case being Complaint Case no. 1009 of 2017 before learned Chief Judicial Magistrate, Bokaro, which was later on registered as Balidih P.S. Case No. 138 of 2017 under Sections 323, 341, 307, 354, 498A, 506 read with Section 34 of the I.P.C on allegations of torture and demand of additional dowry of Rs. 5 Lakhs. The husband and his family members approached this Court for anticipatory bail. A Coordinate Bench of this Court by order dated 14th March, 2019 passed in A.B.A No. 4701 of 2018, has been pleased to grant anticipatory bail to the petitioner and his family members with the conditions that he will keep on paying Rs. 7,000/- per month as monthly victim compensation to the wife. But after making payment for 3-4 months, he has stopped making payment. Her economic condition is pitiable. Therefore, she cannot afford the travelling, fooding and lodging expenses to attend the proceedings of the divorce suit at Dhanbad, which was instituted cunningly by the opposite party on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. As such, learned counsel for the petitioner submits that Original Suit No. 485 of 2019 instituted at Dhanbad by the opposite party be transferred to Bokaro, otherwise petitioner may not be able to properly contest it, whereas the opposite party has in any case to attend the proceedings of the maintenance case and the criminal case instituted by her at Bokaro. Petitioner has got no independent source of income and no final order has been passed in the maintenance case.

I have considered the submission of learned counsel for the petitioner and taken into account the facts and circumstances as pleaded on record. It appears that opposite party is facing two proceedings instituted by the petitioner at Bokaro: (i) Maintenance Case no. 81 of 2019 and ii) the criminal case arising out of Balidih P.S. Case No. 0138/2017. Petitioner does not appear to have any independent source of income and no final order has been passed in the maintenance case in her favour till date. In those circumstances, it may be likely that she may not be able to attend and properly contest the proceedings of the Original Suit no. 485 of 2019, instituted by the opposite party-husband seeking divorcee at Dhanbad. It is therefore deemed proper to direct transfer of Original Suit No. 485 of 2019 from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Bokaro.

Let the records of Original Suit No. 485 of 2019 be sent forthwith to the learned Principal Judge, Family Court, Bokaro \ Instant application stands allowed.

Interim order stands vacated.