Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:13824
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 11 of 2025
-------- Suman Kumari, W/o Manohar Rajwar and D/o Jitendra Rajwar, at present R/o village-Kamta, P.O. & P.S.-Gola, District-Ramgarh
... ... Petitioner
Versus Manohar Rajwar, S/o Sri Girdhari Rajwar, R/o village-Udalbani, P.O.-Chandra, P.S.-Siyaljori, District-Bokaro, Jharkhand
… … Opp. Party
-----
CORAM:
HON’BLE MR. JUSTICE PRADEEP KUMAR
SRIVASTAVA
-------- For the Petitioner : Mr. Nehru Mahto, Advocate For the Opp. Party : None
--------
Order No. 04/ Dated: 08th May, 2025
1. Learned counsel for the petitioner is present. However, no one appears on behalf of the opposite party/husband, in spite of valid service of notice. 2. Heard learned counsel for the petitioner. 3. This transfer petition has been filed for transfer of Original Suit (Matrimonial) No. 165 of 2024 from the Court of learned Principal Judge, Family Court, Bokaro to Principal Judge, Family Court, Ramgarh. 4. Learned counsel for the petitioner submits that petitioner is a woman, left by her husband/opposite party, without any reasonable cause and she is residing at her parental home. Her marriage was solemnized on 12.05.2021, but due to constant torture and harassment meted with the petitioner and due to demand of additional dowry, she was driven away from matrimonial home and thereafter she lodged a case under Sections 323, 498A & 34 of I.P.C. and under Section 3 & 4 of Dowry Prohibition Act, which is pending at Civil Court, Ramgarh. 5. The opposite party filed an application for anticipatory bail in that case and a settlement was arrived at between the parties through Mediation Center, Ramgarh and he was granted anticipatory bail on undertaking that he will reside with the petitioner and will discharge the matrimonial obligations and duties but just after granting of bail
2025:JHHC:13824
2 Transfer Petition (Civil) No. 11 of 2025
the opposite party again assaulted, tortured and humiliated to the petitioner and driven out from the house. Thereafter, she has also filed an application under Section 125 of Cr.P.C. for maintenance which is also pending before the Court of Principal Judge Family Court, Ramgarh. 6. It is further submitted that opposite party (her husband) has filed a case under Section 9 of Hindu Marriage Act in the Court of Principal Judge, Family Court, Bokaro. 7.
It is further submitted that the petitioner is unable to contest the case instituted by her husband before Principal Judge, Family Court, Bokaro vide Original Suit (Matrimonial) No. 165 of 2024 under Section 9 of Hindu Marriage Act, 1955 due to being a female/lady unable to travel from Gola Ramgarh to Bokaro far away from her parental house in regular basis, particularly when the petitioner is being threatened of dire consequences by the opposite party, therefore, the Original Suit (Matrimonial) No. 165 of 2024 pending before the Court of Principal Judge, Family Court, Bokaro be transferred to the Court of Principal Judge, Family Court, Ramgarh. 8. No one has appeared on behalf of the opposite party and no contest has been offered. 9. Considering the submissions of learned counsel for the petitioner and the factual aspects of the case as pointed out, I feel inclined to allow this petition. Therefore, this petition is allowed. 10. Accordingly, the proceeding of Original Suit No. 165 of 2024, pending before the Court of Principal Judge, Family Court, Bokaro is hereby transferred to the Court of Principal Judge, Family Court, Ramgarh. 11. Accordingly, the present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Arpit