Tuesday, July 23, 2013

Wife applies tranfer. non one appears on husband's side. HC grants transfer & GRANTS BAIL TO HUBBY ! Lucky hubby !! Jharkhand High Court




Learnings

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* wife seems to have  filed full package of 498a, maintenance and divorce
* wife also seeks transfer of case to her own place, as usual ablaa naari, cannot travel 
* either because of being deluged with cacses or because of no notice or for some reason husband does NOT appear
* HC grants transfer & GRANTS BAIL TO HUBBY ! Lucky hubby !! 


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS DOT NIC DOT IN SITE 

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Jharkhand High Court

Neelu Kumar alias Neelu Kumari Verma  Vs Birendra Verma 


IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 12 of 2007. ---

Neelu Kumar alias Neelu Kumari Verma

alias Nitu Kumari ... ... ... Petitioner

Versus

Birendra Verma ... ... ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA ---

For the Petitioner : Mr. Ananda Sen, Advocate. For the Opposite Party : None.

---

8. 19.11.2008. 

This petition has been filed for transferring Title (Matrimonial) Suit No. 120 of 2007 filed by the respondent under Section 9 of the Hindu Marriage Act and pending in the Court of Principal Judge, Family Court, Ranchi to the Court of District Judge, Chaibasa. It is submitted that the petitioner is a lady and residing in her father's house situated at Chakradharpur which is about 100 kms. away from Ranchi and she will face great difficulties in attending the Court at Ranchi. It is further submitted that Chaibasa is about 40 kms. and moreover, the respondent-husband has appeared in other two cases one for maintenance and the other case registered under Section 498 A of the I.P.C. filed by the petitioner and now pending in the Court of S.D.J.M., Porahat, Chaibasa.

On being asked whether respondent- Birendra Verma is on bail in the case under Section 498 A or not, Mr. Sen submitted that most probably he is on bail and if not, petitioner has got no objection, if he is granted bail in 498A case.

No body appeared on behalf of the opposite party on 17.11.2008, and therefore, the case was passed over. Again today also no body appeared on behalf of the opposite party to oppose the prayer made in this transfer petition.

In the circumstances, the Matrimonial Suit No. 120 of 2007 is transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of the District Judge, Chaibasa.

2.

Let the records be transmitted within one week from the date of receipt/production of a copy of this order. The District Judge, Chaibasa will proceed with the matrimonial suit in accordance with the law.

If the opposite party-Birendra Verma is not on bail in the case filed by the petitioner under Section 498 A etc.; he will be granted bail by the Court concerned on furnishing sureties for bail as directed by the Court. With these observations and directions, this transfer petition is disposed of.

(R.K.Merathia, J)

R.Shekhar.Cp2