Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:16080 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No. 22 of 2025 --------- Shruti Singh, aged about 33 years, wife of Manoj Kumar Sahdev, daughter of Girish Chandra Singh, resident of village-Olidih, P.O.-Bhelatand, P.S. Kapuria, District-Dhanbad, Jharkhand, at present by residing of village- Gangudih, P.O. & P.S.-Chandil, Dist. Saraikella-Kharsawan, Jharkhand
… … Petitioner Versus Manoj Kumar Sahadev, son of Late Nilmani Sahadev, resident of village- Gangudih, P.O. and P.S.-Chandil, District-Seraikella-Kharsawan, Jharkhand
…. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Shiv Prasad, Advocate
Mr. Sushil Kumar Verma, Advocate For the Opp. Party : None ----------- 08/Dated: 19th June, 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 upon the opposite party. 2. Heard Mr. Shiv Prasad and Mr. Sushil Kumar Verma, learned counsel for the petitioner. 3. Learned counsel for the petitioner has submitted that the present transfer petition has been filed under section 24 of the Code of Civil Procedure for transfer of Original Matrimonial Suit No.03 of 2024 to the court of learned Principal Judge, Family Court, Dhanbad from the court of learned Principal Judge, Family Court, Seraikella-Kharsawan. The Original Matrimonial Suit No.03 of 2024 has been filed by the opposite party against the present petitioner (wife) for Restitution Of Conjugal Rights under section 9 of the Hindu Marriage Act. 4. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party in the year 2022 in accordance with Hindu Rites and Customs. It is further submitted that petitioner is deserted lady and is residing with her old and ailing parents at village Olidih, District-Dhanbad and there is nobody to accompany her to
( 2025:JHHC:16080 )
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Seraikella-Kharsawan for attending the present case. The petitioner is dependent on her parents and the opposite party herein is also not paying any maintenance amount in spite of order passed by learned court of the Principal Judge, Family Court, Dhanbad. 5. It is further submitted that petitioner has filed a criminal case under sections 323, 354, 498A, 313, 504 and 34 of IPC, which is pending before the learned court of Judicial Magistrate, Dhanbad.
It is further submitted that the opposite party, in order to evade from the maintenance allowance and to put extra burden upon her, has instituted Original Matrimonial Suit No.03 of 2024 for restitution of Conjugal Rights. 6. It is further submitted that petitioner is anyhow maintaining and looking after herself, so she could not bear additional cost of litigation by attending the Court of Principal Judge, Family Court at Seraikella-Kharsawan, which is more than 150 kms. away from her parental house and therefore this Original Matrimonial Suit No.03 of 2024, pending before the Principal Judge, Family Court, Seraikella-Kharsawan be transferred to the court of learned Principal Judge, Family Court, Dhanbad. 7. Considering the overall aspects of the case and the submission on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 8. Accordingly, the proceeding of Original Matrimonial Suit No.03 of 2024, pending before the court of Principal Judge, Family Court, Seraikella- Kharsawan is hereby transferred to the court of learned Principal Judge, Family Court, Dhanbad. 9. Accordingly, the present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Pappu/-