Shadaf Naaznee vs Owais Alam

This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Matrimonial Suit No.135 of 2016 from the Court

of Additional Principal Judge, Family Court, Jamshedpur to the Court of the Principal Judge, Family Court, Ranchi.

Learned counsel has submitted that the petitioner was driven out of her matrimonial house. That she along with her minor child is dependent upon

her parents. She is facing great difficulty and hardship in travelling with her minor child from Tamar to Jamshedpur. She is apprehensive that she

shall be physically harassed by the opposite party who resides at Mango in Jamshedpur. That she does not have any independent source of

income. She has also instituted a criminal case under Section 498-A of the Indian Penal Code which is pending in Civil Courts at Ranchi. The

opposite party is contesting the case at Ranchi Civil Courts. It is prayed that due to the hardship faced by the petitioner, the matrimonial suit be

transferred to the Court of the Principal Judge, Family Court, Ranchi.

Learned counsel on behalf of the opposite party has submitted that the petitioner has been appearing in the aforesaid matrimonial suit. That two

witnesses have also been examined on her behalf, therefore, the plea of apprehension of physical harm at the hands of the opposite party is

unfounded.

Heard. Considering the fact that the petitioner has been defending the suit in the Courts at Jamshedpur and she has to travel along with her minor

son, therefore, in the interest of justice the opposite party is directed to pay Rs.1500/- as expenses to the petitioner on the dates she appears before the

Court of Additional Principal Judge, Family Court, Jamshedpur.

With the said direction, this transfer petition stands disposed off.