Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12558
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.90 of 2024
Puja Soni, aged about 26 years, W/o Sri Akash Kumar Sonu, D/o Sri Vijay Soni, R/o – Village & Post Senha, P.S. Senha, District Lohardaga, At present R/o Pakka Kuwa, Middle Chutia, P.O. & P.S. – Chutia, District – Ranchi.
… Petitioner
Versus Akash Kumar Sonu, aged about 34 years, S/o Sri Ramesh Prasad, R/o Village & Post – Kolebira, P.S – Kolebira, District – Simdega.
… Opp. Party
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Rishi Pallava, Adv. For the Opposite Party : Mr. Gaurav, Adv.
Order No.05/Dated- 28.04.2025
1. Heard learned counsel for the parties.
2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of M.T.S. Case No.36 of 2024, filed by the husband under Section 9 of the Hindu Marriage Act, 1955, from the Court of Principal District & Sessions Judge, Simdega to the Court of Principal Judge, Family Court, Ranchi.
3.
Learned counsel for the petitioner has submitted that the applicant/petitioner was married with the opposite party/husband on 19.06.2021 according to Hindu rites. After marriage, petitioner came to know about unstable mind of her husband due to which he was having sexual disorder and he was unable to cohabitate. Later on, the petitioner was being subjected to physical assault and mental cruelty and ousted from her matrimonial home. It is further submitted that the matter was referred to mediation before the Member Secretary, J.H.A.L.S.A., Ranchi but no settlement has been arrived between the partes. It is further submitted that no case has been filed for maintenance rather the husband has filed the above M.T.S. Case No.36 of 2024 before the Court of Principal District & Sessions Judge, Simdega under Section 9 of the Hindu
2025:JHHC:12558 Marriage Act, 1955. The District Simdega is situated at a distance of 135 K.M. from the residential house of the petitioner in Chutia, District Ranchi. It is further submitted that economic and health conditions of the petitioner are severely compromised. Petitioner is unable to meet essential expenses related to travel, food or attending the ongoing case before the learned Court of Principal District and Sessions Judge, Simdega, therefore, it is prayed that the said M.T.S. Case No.36 of 2024 should be transferred from the Court of Principal District and Sessions Judge, Simdega to the Court of Principal Judge, Family Court, Ranchi.
4.
Learned counsel for the opposite party/husband has opposed the above prayer.
5. Considering the overall aspects of the case and the submissions on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner.
6. Accordingly, the proceedings of M.T.S. Case No.36 of 2024 pending before the Court of Principal District & Sessions Judge, Simdega is hereby transferred to the Court of Principal Judge, Family Court, Ranchi.
7. The present transfer petition stands disposed of.
(Pradeep Kumar Srivastava, J.)
Sachin