2025:JHHC:12571 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.65 of 2024 Mrs. Soumya Gupta, Aged about – 30 years, W/o – Sri Rupesh Prasad Shah and D/o – Sri Ashok Kumar Gupta, presently residing at – House No.-93, Road, No.-4, New Rani Kudar, Kadma, P.O. + P.S. – Kadma (Jamshedpur) Distt. – East Singhbhum, Jharkhand. … Petitioner Versus Rupesh Prasad Shah, S/- Sri Suresh Prasad Shah, aged about – 33 years, presently residing at Jamdoba, 6 & 7 Pits Colliery, Tata Steel Ltd., Flat No.NF-04, P.O. Bhaga, P.S. Jorapokhar, Distt. Dhanbad, Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Abhishek Singh, Adv. Order No.09/Dated- 28.04.2025 1. Learned counsel for the petitioner has submitted that this is a case filed for transfer of Miscellaneous Case No.15 of 2024, from the Court of Principal Judge, Family Court, Dhanbad, to the Court of Principal Judge, Family Court, Jamshedpur, which is pending in the Court of Principal Judge, Family Court, Dhanbad. 2. It has further been submitted that the said Miscellaneous Case No.15 of 2024 was filed for setting aside the ex-parte judgment of final order dated 23.08.2023 passed in the Original Suit No.64 of 2023 which was filed under Section 9 of the Hindu Marriage Act and was decreed ex-parte. 3. Earlier notice was issued to the opposite party in this transfer petition but could not be served. 4. From the very submission of learned counsel for the petitioner, it appears that the original suit is still not restored, therefore, merely miscellaneous proceeding for restoration of the original suit which was decreed ex-parte cannot be transferred. Therefore, this transfer petition is misconceived and hereby dismissed. 2025:JHHC:12571 5. However, the petitioner is at liberty to take proper steps after restoration of the original suit. (Pradeep Kumar Srivastava, J.) Sachin