Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:12173 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 50 of 2024
---- Sonam Kumari w/o Vineet Kumar, D/o Dilip Kumar Singh, aged about 32 years, R/o Madhur Shanti Kunj, Sabalpur Road, Krishna Nagar, Bank Colony, P.O and P.S. District: Dhanbad
…. …. Petitioner -Versus- Vineet Kumar aged about 41 years, s/o Shri Bibekanand Singh, R/o 1 Type, 13/3 New Housing Colony, Adityapur, P.O & P.S: Adityapur District: Saraikela Current Address: Heritage Garden Tower, Block A, Q. No. 3 C, Dipatoli, P.O & P.S. Bariatu, District: Ranchi 834009
…. …. Opposite Party
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CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner
: Mr. Manoj Kumar Singh, Advocate For the Opp Party
: Mr. Ritik Raj, Advocate
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Order No.05/Dated: 24.04.2025
1. Heard learned counsel for the petitioner and respondent on the point of admission.
2. This present petition is admitted for hearing as both the parties are ready for final hearing of the petition.
3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit M.T.S No. 329 of 2024 presented for divorce under section 13(1)(i-a) of the Hindu Marriage Act, 1955, by the opposite party (Vineet Kumar) who is the husband of the petitioner, pending before the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court,Dhanbad.
4.
Learned counsel for the petitioner has submitted that the petitioner is wife of the opposite party who was married with him on 01.06.2009 in accordance with Hindu rites and customs but due to domestic disputes they were residing separately. The petitioner along with her 9 years old son is residing at her parental home under destitution where she has filed an application under section 125 Cr.PC for grant of maintenance for her minor son and herself as well as criminal proceeding under section 498 A of the IPC. Both cases are pending for disposal at Dhanbad and as no amount of maintenance as
( 2025:JHHC:12173 ) interim measure is being paid by her husband, therefore she is unable to appear and contest the above mentioned suit for divorce at District Court, Ranchi. Therefore, it is prayed that the above suit filed by the opposite party against the petitioner which is pending at the stage of settlement of issues at the Principal Judge, Family Court, Ranchi be transferred to the Court of Principal Judge, Family Court, Dhanbad, so that she can effectively defend the suit.
5. The learned counsel for respondent has no objection to the aforesaid points raised by the learned counsel for the petitioner.
6. Considering the submissions of the learned counsel for the petitioner and also in view of no serious objection raised on behalf of the opposite party and for the ends of fair trial and proper opportunity to the petitioner for defending the Original Suit M.T.S. No. 329 of 2024, it is hereby ordered that the Original Suit M.T.S No. 329 of 2024 pending before the Court of Principal Judge, Family Court, Ranchi be transferred to the Court of Principal Judge, Family Court, Dhanbad.
7. The suit shall proceed from the present stage of hearing.
8. The present transfer petition stands disposed of.
(Pradeep Kumar Srivastava, J.) Abha/