Smt. Babita Devi vs Shambhu Sahu @ Chhotu Gupta
2021 Latest Caselaw 4918 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Transfer Petition (Civil) No. 11 of 2021
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            Smt. Babita Devi                            ---   ---   Petitioner
                                          Versus
            Shambhu Sahu @ Chhotu Gupta                 ---   ---   Opp. Party
                                   ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh

For the Petitioner: Mrs. Swati Shalini, Advocate For the Opp. Party: Mr. Gautam Kr. Singh, Advocate

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08 / 17.12.2021 It appears from the submission of learned counsel for the opposite party that Original Suit No. 2/2021 instituted by the opposite party before the Family Court, Gumla for restitution of conjugal rights under section 9 of Hindu Marriage Act, 1955 has been heard ex-parte and fixed for judgment tomorrow.

2. Learned counsel for the petitioner submits that this shows that suit has remained uncontested only because of the genuine difficulties faced by the petitioner who is residing with her aged mother and has no source of income to contest the suit at Gumla. The criminal case instituted by her under section 498- A and other allied sections of Indian Penal Code and Dowry Prohibition Act against the husband is pending before the court of learned Judicial Magistrate, Ranchi.

3. Be that as it may, in the aforesaid circumstances, if the proceedings of the Original Suit No. 2/2021 is not stayed, petitioner may remain unrepresented and the suit could be decided ex-parte, which may lead to miscarriage of justice. Therefore, proceedings of the Original Suit No. 2/2021 pending before the court of learned Principal Judge, Family Court, Gumla is stayed.

4. Consideration on this application shall be made on the next date. List the case on 07.01.2022.

5. Let the order be communicated to the court concerned through FAX today itself.

(Aparesh Kumar Singh, J) Ranjeet/