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High Court of Jharkhand · body

2025 DAILYLAW 23583 (JHR)

YASMIN KAHTOON v. SHAKEEL AHMAD

Tr.Pet.CVL/85/2024 · 2025-02-11

Rajesh Kumar

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.85 of 2024 ---- Yasmin Khatoon, w/o Shakil Ahmad, age-34 years, D/O Jahir Alam, Resident of Chhattarbar, Village-Chhattarbar, P.O Karma, P.S + District Koderma, presently residing at Munna Gali, Nala Road, Hindpiri, P.O. + P.S. Hindpiri, District Ranchi (Jharkhand) …. …. Petitioner -Versus- Shakil Ahmad, S/o Kuddus Ansari, age 38 years, R/o Village– Sadi, Muhalla- Konra, P.O. + P.S Barhi, District Hazaribagh-825405, at present residing at Jalwabad, P.O. + P.S. District Koderma …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Ripunjay Jha, Advocate For the Opp. Party : Mr. Nawal Kishore Pandey, Advocate ---- 04/Dated: 11th February, 2025 1. Heard learned counsel for the petitioner/wife 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 Original Matrimonial Title Suit No.88 of 2024 from the Court of the Principal Judge, Family Court, Koderma to the Court of Principal Judge, Family Court, Ranchi. 3. It appears that the both the parties are related by marriage which had been contracted between them on 29.01.2024 as per the Muslim Rites. Further, it appears that there are litigations pending between the parties in ‘Ranchi’ with regard to criminal case as well as maintenance case. 4. Learned counsel for the opposite party/husband has opposed the prayer and it has been submitted that the districts of Koderma and Ranchi are well connected. Further, it has been submitted that the father of the petitioner/wife has two houses in the district of Koderma. 5. It is a well settled principle of law that the restitution of conjugal rights means intention to resume the conjugal rights, it cannot be weaponised and it cannot be simply used to create a ground for divorce. 6. In such a scenario, it is expected that the husband will approach the court with the compassion not for harassing to the wife. Normally, a case for restitution of conjugal rights shall be filed considering the convenience of the wife and this proceeding cannot be allowed to be weaponised by the husband to be used against the wife. 7. In view of the above facts and the fact that Ranchi is the Capital of Jharkhand and it is a convenient place for both the parties, Original Matrimonial Title Suit No.88 of 2024 is hereby, transferred from the Principal Judge, Family Court, Koderma to the Principal Judge, Family Court, Ranchi. 8. The present transfer petition stands allowed and disposed of. (Rajesh Kumar, J.) Raja/- Uploaded 2. Transfer Petition (Civil) No.85 of 2024