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2025 DAILYLAW 26464 (JHR)

RAGINI v. RAHUL KUMAR

Tr.Pet.CVL/91/2024 · 2025-01-17

Rajesh Kumar

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.91 of 2024 ---- Ragini, aged about 32 years, wife of Rahul Kumar and daughter of Shyamnath Prasad, presently residing at Village Ghato, P.O. + P.S. Mandu (O.P) West Bokaro, District-Ramgarh was also resident of Flat No.3/5, Block-C, Ganesh Vatika, Anil Sur Path, Ujiyan Kadma, P.O. & P.S. Kadma, Town Jamshedpur, District Singhbhum East (Currently not residing at Jamshedpur) …. …. Petitioner -Versus- Rahul Kumar, Son of Ram Ayodhya Singh, resident of 6, Vidya Sagar Path, Uliyan, Kadma, P.O. & P.S. Kadma, Town Jamshedpur, District Singhbhum East …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Pratik Sen, Advocate For the Opp. Party : Mr. Saurav Mahto, Advocate ---- 03/Dated: 17th January, 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.651 of 2023, filed by the Opposite Party/husband for dissolution of marriage, from the Court of the Principal Judge, Family Court, Jamshedpur to the Court of Principal Judge, Family Court, Ramgarh. 3. It appears that the parties are related by marriage. They have got married on 30.06.2020 as per Hindu Rites and Rituals. There are several litigations pending between the parties including a criminal case under Section 498A of the Indian Penal Code. It also appears that the Original Maintenance Case No.07 of 2024 is pending before the court of learned Principal Judge, Family Court, Ramgarh. 4. It has been submitted by the learned counsel for the petitioner/wife that she was earlier employed in a private company and she has been lay off, due to which she has financial problem also and as such she has filed the maintenance case. Further, the divorce petition is a substantive case, which will affect her life. 5. Since the maintenance case is already pending before the court of Principal Judge, Family Court, Ramgarh and it will be in the interest of justice that both the cases i.e., Maintenance Case as well as the Original Matrimonial Suit to be heard by the same Family Court. 6. Learned counsel for the opposite party/husband has opposed the prayer. 7. Considering the nature of dispute and the factual matrix of the present case, the Original Matrimonial Suit No.651 of 2023 is hereby transferred from the Court of the Principal Judge, Family Court, Jamshedpur to the Court of Principal Judge, Family Court, Ramgarh. 8. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Raja/- Uploaded 2. Transfer Petition (Civil) No.91 of 2024