RANCHI, India, July 29 -- Jharkhand High Court issued the following order on June 30:

1. The instant petition has been filed under Section 24 of the Code of Civil Procedure for transfer of original matrimonial suit No. 858 of 2023 filed under Section 10 & 13(1) (i-a) of the Hindu Marriage Act, 1955 from the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur to the Court of Learned Principal Judge, Family Court, Deoghar.

2. Learned counsel for the petitioner submitted that the marriage of petitioner was solemnized with the Opp. Party on 21.02.2021. Further it is submitted that the petitioner has suffered severe mental and physical abuse at the hands of the husband/opp. party including demands for dowry and physical violence leading to her ousted from the matrimonial home. It is further submitted that petitioner has lodged a complaint case No. 1475 of 2023 under Section 323, 341, 498A, 504, 506/149 and under Section 3/4 of Dowry Prohibition Act against the Opp. Party in which cognizance has been taken by the Court and the case is pending in the Court of Learned C.J.M., Deoghar. It is also submitted that she has fear for her safety due to ongoing harassment and threats from her husband and petitioner is financially dependent on her father and therefore, it is very difficult for her to attend the original matrimonial suit No. 858 of 2023 filed by her husband under Section 10 & 13(1) (i-a) of the Hindu Marriage Act, 1955 for a decree for judicial separation, therefore, in the ends of justice and for proper pursuing the case, the aforesaid Original Suit No. 858 of 2023 has to be transferred to the Court of Learned Principal Judge, Family Court, Deoghar.

3. On the other hand, learned counsel for the Opposite Party has vehemently opposed the aforesaid contentions raised on behalf of the petitioner and prayer of the petitioner submitting that it will be quite difficult to Opp. Party to appear at Deoghar because there is threat at the instance of his wife and her family members.

4. Considering the comparative submissions of the parties and the grounds taken by the petitioner, it appears expedient to the ends of justice to transfer the original suit No. 858 of 2023 filed under Section 10 & 13(1) (i-a) of the Hindu Marriage Act, 1955 pending before the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur to the Court of Learned Principal Judge, Family Court, Deoghar.

5. Accordingly, the proceeding of original suit No. 858 of 2023, pending before the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur is hereby transferred to the Court of Learned Principal Judge, Family Court, Deoghar.

6. In result, the instant transfer petition is allowed.

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