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2025 DAILYLAW 24737 (JHR)

DAYA AWADHYA ALIAS DAYA AWADHIYA v. RAVISHEK KUMAR

Tr.Pet.CVL/84/2024 · 2025-03-28

Rajesh Kumar

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.84 of 2024 ---- Daya Awadhya @ Daya Awadhiya, wife of Ravishek Kumar, Daughter of Lakhan Lal Rajak @ Lakhan Dhobi, aged about 31 years, residents of Purna Nagar, Dudhimati, P.O.+P.S.- Koderma, District-Koderma (Jharkhand) Pin- 825410. …. …. Petitioner(s) Versus Ravishek Kumar, aged about 37 years, s/o Badri Ram, Resident of Village – Bonga, P.O.-Daihar, P.S.-Chauparan, District-Hazaribagh (Jharkhand) Pin- 825408 …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Bhola Nath Rajak, Adv. Mr. Ashutosh Kumar Sinha, Adv. For the Opposite Party(s) : Mr. Diwakar Jha, Adv. ---- 08/Dated: 28th March, 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) Suit No.328 of 2023 from the Court of Principal Judge, Family Court, Hazaribagh to the Court of Principal Judge, Family Court, Koderma. The matrimonial suit has been filed by the husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. 3. It has been submitted by the learned counsel for the petitioner/wife that the marriage has taken place in the year 2023 and she has been ousted from the matrimonial house. A criminal case as well as maintenance case has been filed by the petitioner/wife which is pending before the Family Court, Koderma. Further, she is a non-earning person and as such she will have to face the difficulty if the suit is not transferred. Further, the husband is a government employee posted in Chatra and he has to travel either to Hazarbagh or to Koderma. 4. Learned counsel for the opposite party/husband has opposed the prayer of the petitioner. Page | 2 Tr. Petition (Cvl) No.84 of 2024 5. Having heard the parties and perusing the records available on records, it appears that the wife is a non-earning person and the maintenance case already going on in the Family Court, Koderma and it is desirable that both the cases should be heard together. 6. In view of above discussion, the Original (Matrimonial) Suit No.328 of 2023, is hereby, transferred to the Court of Principal Judge, Family Court, Koderma. 7. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded