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2025 DAILYLAW 11963 (JHR)

PUJA DEVI v. BINOD KUMAR

Tr.Pet.CVL/28/2023 · 2025-08-29

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:26031 1 T.P.(C). No.28 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 28 of 2023 -------- Puja Devi @ Puja Kumari, aged about 28 years, wife of Binod Kumar and D/o Late Balram Chauhan, R/o Muridih, P.O. Pochari, P.S. Barora, Dist. Dhanbad. ... ... Petitioner Versus 1. Binod Kumar, aged about 30 years, Son of Mahendra Noniya, R/o Village Gurutand, Kedla, P.O.-Kedla, P.S. Mandu (W.B.), Dist. Ramgarh (Jharkhand) 2. Guddu Chouhan, S/o Laxman Chouhan, R/o Pasle Tand, P.O. Markera, P.S. Kabas, Dist. Dhanbad … … Opp. Parties ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mrs. Neeharika Mazumdar, Advocate For the Opp. Parties : Mr. Karbir, Advocate -------- Order No. 11/ Dated: 29th August, 2025 The instant petition has been filed under Section 24 of the Code of Civil Procedure for transfer of M.T.S. Case No. 17 of 2021 from the Court of Learned Principal Judge, Family Court, Ramgarh to the Court of Learned Principal Judge, Family Court, Dhanbad. 2. Learned counsel for the petitioner submits that the marriage of petitioner was solemnized with the Opp. Party No. 1 on 08.07.2010. Further it is submitted that after the marriage petitioner went to her matrimonial home and resided with her husband (O.P. No. 1) at Ramgarh and lived peacefully till December, 2018 and from this wedlock, petitioner have been blessed with two children namely Ashish Kumar (Son, aged about 11 years) and Riddi Kumari (daughter, aged about 08 years) and from the month of January, 2019, difference arose between the couple alleging baseless illicit relationship. 3. It is submitted that she being a lady, having two children and not having any support or help to accompany her from Dhanbad to Ramgarh, 2025:JHHC:26031 2 T.P.(C). No.28 of 2023 is not in a position to defend case outside her home town i.e. Dhanbad. It is also submitted that it is not possible for her to travel from Dhanbad to Ramgarh on same day by any means. It is also submitted that her husband is somehow putting pressure, physically or mentally by harassing her to get divorce from her. 4. It is further submitted that petitioner has lodged a Bokaro P.S. Case No. 25 of 2023 corresponding to G.R. Case No. 506 of 2024 under Section 323, 354, 504, 506, 498A, 120(B) of the IPC and under Section ¾ of Dowry Prohibition Act against the Opp. Party No. 1 in which after investigation chargesheet has also been submitted under Section 323, 504, 506, 498(A) of the IPC and under Section ¾ of Dowry Prohibition Act pending before the Court of Dhanbad. 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 M.T.S. Case No. 17 of 2021 filed by her husband under Section 13(1)(i)(i-a) of the Hindu Marriage Act, 1955 for dissolution of the marriage by a decree of divorce, therefore, in the ends of justice and for proper pursuing the case, the aforesaid M.T.S. Case No. 17 of 2021 pending before learned Principal Judge, Family Court, Ramgarh be transferred to the Court of Learned Principal Judge, Family Court, Dhanbad. 5. 5. On the other hand, learned counsel for the Opposite Party No. 1 has vehemently opposed the prayer made by the petitioner and submitted that there is no merit in this transfer petition which should be dismissed. 6. Considering the aforesaid submissions of the parties and the grounds taken by the petitioner, it appears expedient to the ends of justice to transfer M.T.S. Case No. 17 of 2021 from the Court of Learned Principal Judge, Family Court, Ramgarh to the Court of Learned Principal Judge, Family Court, Dhanbad 7. Accordingly, the proceeding of M.T.S. Case No. 17 of 2021, pending before the Court of Learned Principal Judge, Family Court, Ramgarh is hereby transferred to the Court of Learned Principal Judge, 2025:JHHC:26031 3 T.P.(C). No.28 of 2023 Family Court, Dhanbad. 8. In result, the instant transfer petition is allowed. (Pradeep Kumar Srivastava, J.) Basant