IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.66 of 2023 ---- Zeba Naaz, aged about 25 years, wife of Md. Sanjar Irfani, daughter of Late Md. Taiyab Ali Khan, resident of Phulbagan Gali, Azad Basti, Ranchi, P.O. + P.S. – Lower Bazar, District – Ranchi, Jharkhand. Present residing at C/O Md. Taiyab Ali Khan, Ashiyana Colony, Near Islami Markar Mahboob Building 3rd Floor Hindpiri, Ranchi, P.O. + P.S. – Hindpiri, District- Ranchi, Jharkhand Pin No.834001. …. …. Petitioner(s) Versus Md. Sanjar Irfani, aged about 30 years, son of Md. Akhtar Hussain, resident of village Ichatu, P.O.-Ichatu, P.S. – Rajrappa, District – Ramgarh, Jharkhand. …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Nikhilesh Kr. Chatterjee, Adv. Mr. Shiv Prasad, Adv. Mr. Sushil Kr. Verma, Adv. For the Opposite Party(s) : Mr. Ajeet Kr. Singh, Adv. ---- 08/Dated: 29th January, 2025 1. Heard learned counsel for the petitioner and learned counsel for the opposite party/husband. 2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of M.T.S. (Matrimonial Title Suit) No.111 of 2021 from the Court of Principal District and Sessions Judge, Family Court, Ramgarh to the Court of Principal Judge, Family Court, Ranchi. 3. It appears that the parties are related by marriage contracted as per the Islamic Shariah on 15.04.2017. The wife has instituted a criminal case which is pending in Ranchi. 4. It has been submitted by the learned counsel for the wife that it is nothing but harassing attitude and further it is misuse of the provision. Deliberately, the husband has filed the suit in Ramgarh just to make out a case for further litigation that is for divorce. The husband has not shown his willingness to resume the matrimonial life. 5. Learned counsel for the husband has opposed the prayer of the petitioner and it has been submitted that substantial progress has been made. 6. Having heard the learned counsel for the parties and from perusal of the records, it appears that further proceeding has been stayed by the Co-ordinate Bench of this Court vide order dated 23.08.2024. Page | 2 Tr. Petition (Cvl) No.66 of 2023 7. The proceeding of the present nature cannot be weaponised against each other. The husband cannot be given opportunity to weaponise the Section-281 of Mulla’s Principle of Mohammadan Law for the ulterior purpose. 8. Considering the peculiar facts and circumstances of the case and status of the parties, the M.T.S. (Matrimonial Title Suit) No.111 of 2021, is hereby, transferred to the Court of Principal Judge, Family Court, Ranchi. 9. The Family Court, Ranchi is directed to initiate the proceeding de-novo. 10. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded