Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.56 of 2024 ---- Binu Upadhyay @ Binu Sharma, aged about 34 years, Wife of Devesh Sharma and Daughter of Ramesh Kumar Upadhyay, Resident of Near Cony, Tungri, Sadar, P.O. & P.S.-Chaibasa, District-West Singhbhum, Jharkhand …. …. Petitioner(s) Versus Devesh Sharma, aged about 34 years, Son of Dilip Kumar Sharma, presently Residing at 4B, Devki Apartment, Govind Nagar, Near Tilta Chowk, P.O. & P.S.-Ratu & District- Ranchi (Jharkhand), And Permanent Resident of Ganja Gali, Nirsa-cum-Chirkunda, P.O. & P.S.-Chirkunda, District-Dhanbad (Jharkhand) …. …. Opposite Party(s) ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)
: Mr. Rishabh Kaushal, Adv. For the Opposite Party(s)
: Ms. Aprajita Mishra, Adv. ---- 08/Dated: 19th March, 2025
1. Heard learned counsel for the petitioner/wife and learned counsel for the husband/opposite party.
2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.193 of 2024 from the Court of Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Chaibasa.
3. It appears that the original suit has been filed by the husband under Sections 13(1) (i-a) & (iii) of the Hindu Marriage Act for Dissolution of Marriage on the ground of mental illness.
4. It has been submitted by the learned counsel for the wife/petitioner that she has to travel to Mumbai as her father is suffering from cancer and she is financially dependent upon her parents. On that basis, prayer for transfer of case has been made.
5.
Learned counsel for the husband has opposed the above prayer.
6. Considering the facts that mental illness has been alleged by the husband and further considering the fact that her father is suffering from cancer and there is nobody to accompany her, I am inclined to allow the present petition. Accordingly, the Original Suit No.193 of 2024, is hereby, transferred to the Court of learned Principal Judge, Family Court, Chaibasa.
7. The present transfer petition stands disposed of.
8. I.A. No.6530 of 2024 and I.A. No.13691 of 2024 also stands disposed of.
(Rajesh Kumar, J.) Shahid/- Uploaded