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(2024) Law Today Live Doc. Id. 19115 = 2024(1) L.A.R. 196
Decided on: 18.04.2024
For Petitioner(s):
Mr. Akshat Shrivastava, AOR
For Respondent(s): None
Code of Civil Procedure, 1908 (V of 1908), Section 25 -- Hindu Marriage Act, 1955 (25 of 1955), Section 12 – Annulment of marriage – Transfer of case – Kolkata to Jharkhand – Petitioner-wife has filed a petition for maintenance etc., the respondent-husband has filed the subject suit u/s 12 of the Hindu Marriage Act, 1955 for annulment of the marriage -- Grounds taken that wife is staying with her parents at Dhanbad, Jharkhand; she has no source of livelihood; she has apprehension of physical violence and mental torture in the event of visiting Alipore etc. – Case ordered to be transferred to the Family Court at Dhanbad, Jharkhand.
(Para 1-5)
ORDER
1. The petitioner-wife seeks transfer of Matrimonial Suit No.1449 of 2023, titled “Sri. Saket Kumar Marodia vs. Smt. Alisha Agarwal @ Alisha Kumari”, filed by the respondent-husband under Section 12 of the Hindu Marriage Act, 1955, which is pending before the Court of Additional District Judge, 8th Court, At Alipore, Kolkata, District South 24 Pargana, West Bengal. The petitioner-wife seeks transfer thereof to the Family Court at Dhanbad, Jharkhand.
2. The marriage between the parties was solemnized on 03.07.2022. It appears that soon thereafter, disputes arose between them, which led to initiation of proceedings against each other. While the petitioner-wife has filed a petition for maintenance etc., the respondent-husband has filed the subject suit under Section 12 of the Hindu Marriage Act, 1955 for annulment of the marriage.
3. The petitioner-wife seeks transfer thereof, inter alia, on the grounds that she is presently staying with her parents at Dhanbad, Jharkhand; she has no source of livelihood; she has apprehension of physical violence and mental torture in the event of visiting Alipore etc.
4. As per the Office Report dated 15.04.2024, service of notice is complete on the respondent–husband but no one has entered appearance on his behalf so far.
5. Having heard learned counsel for the petitioner and taking into consideration the averments made in the Transfer Petition but without expressing any views on the merits of the case, the instant Transfer Petition is allowed and Matrimonial Suit No.1449 of 2023, titled “Saket Kumar Marodia vs. Smt. Alisha Agarwal @ Alisha Kumari”, filed by the respondent-husband under Section 12 of the Hindu Marriage Act, 1955, which is pending before the Court of Additional District Judge, 8th Court, At Alipore, Kolkata, District South 24 Pargana, West Bengal is ordered to be transferred to the Family Court at Dhanbad, Jharkhand. The records be forwarded to the Transferee Court forthwith.
6. As a result, the pending interlocutory application also stands disposed of.
Petition allowed.
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