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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.42 of 2023 ---- Kajal Kumari, aged about 24 years, Wife of Nikhil Kumar, Daughter of Sri Surendra Jaiswal, Resident of Village-Dumariya Haat, P.O.-Dumariya, P.S.-Lalmatia, District- Godda
…. …. Petitioner(s) Versus Nikhil Kumar, son of Late Surendra Prasad Jaiswal, Resident of Bich Bazar, Govindpur, P.O.+P.S.-Govindpur, District-Dhanbad
…. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)
: Mr. Ranjan Kumar Singh, Adv. For the Opposite Party(s)
: None ---- 05/Dated: 20th March, 2025
1. Heard learned counsel for the petitioner.
2. In spite of valid service of notice, nobody appears on behalf of the husband/opposite party.
3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.357 of 2023 from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Godda.
4. It appears that the original suit has been filed by the husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.
5. It has been submitted by the learned counsel for the wife/petitioner that the marriage has been solemnized in the year 2020 and there is no child out of the wedlock. Further, she is a home maker and has no source of income and as such she is unable to move. Further, a maintenance case being Original Maintenance Case No.93 of 2023 has been filed before the Family Court, Godda which is presently at the stage of appearance. On that basis, prayer for transfer of case has been made.
6. Considering the fact that the maintenance case is already pending before the Family Court, Godda, it is desirable that both the cases should be heard by the same family court.
7. Accordingly, the Original Suit No.357 of 2023, is hereby, transferred to the Court of learned Principal Judge, Family Court, Godda.
8. The present transfer petition stands disposed of.
(Rajesh Kumar, J.) Shahid/- Uploaded