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CASE NO.: Transfer Petition (civil)  549 of 2004

PETITIONER: Smt. Priyanka Biswas & Ors.                                      

RESPONDENT: Subrato Biswas                                                   

DATE OF JUDGMENT: 22/07/2005

BENCH: S. N. Variava & Tarun Chatterjee

JUDGMENT: JUDGEMENT

O R D E R         By this Transfer Petition the Petitioner seeks transfer of  Matrimonial Suit No. 466 of 2004 titled as Subrato Biswas Vs. Smt.  Priyanka Biswas and others from the Court of Family Judge, Barasat,  Distt. 24 Pargana, West Bengal to the Court of Family Judge, Ara,  Bihar.         The Respondent has remained absent even though served.         The Petitioner claims that she was kidnapped from Ara Distract  in Bihar by the Respondent and five others while she was returning  from the college for admission in B.A. Part III.  The Petitioner claims  that she was forcibly taken to Chandanpada Nadia in West Bengal and  that thereafter a ransom of Rs.4,00,000/- was claimed from her family  members.   The Petitioner further claims that under threat of death her  signatures were taken before the Registrar of Marriages purportedly to  show that she was married to the Respondent.   She claims that she  managed to run away from the custody of the Respondent and had  come to her parental house and has now received summons of the  Matrimonial Suit.  She claims that there is a serious threat and  apprehension of causing bodily injury or death if she has to go to West  Bengal.  She further claims that her father is a very old man and  cannot travel with her and that she is a young girl and cannot travel  alone.   It is also claimed that she does not have sufficient money to  go to West Bengal and to engage counsel over there.            None of the above averments has been refuted by the  Respondent.   We therefore accept all the averments to be true.   The  grounds set out above are, in our view, sufficient to transfer the  Matrimonial Case No. 466 of 2004.            We therefore allow this Transfer Petition and transfer the  Matrimonial Case No. 466 of 2004 titled as Subrato Biswas Vs. Smt.  Priyanka Biswas and others from the Court of Family Judge, Barasat,  Distt. 24 Pargana, West Bengal, to the Court of Family Judge, Ara,  Bihar.  There will be no order as to costs.