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2025 DAILYLAW 2730 (JHR)

SIKHA KUMARI @ SWETA KUMARI v. ANIL KUMAR SAW @ ANIL KUMAR

Tr.Pet.CVL/25/2025 · 2025-07-18

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:19794 Page | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.25 of 2025 Sikha Kumari @ Sweta Kumari, aged about 22 years, W/o Anil Kumar Saw @ Anil Kumar, D/o Teju Mahto, R/o Village Mahtodih, Udnabad, P.O. Udnabad, P.S. Giridih (M), Dist. Giridih; at present R/o Village Brora, P.O. Nawagarh, P.S. Brora, District Dhanbad. … Petitioner Versus Anil Kumar Saw @ Anil Kumar, S/o Platan Sao, aged about 33 years, R/o Village Mahtodih, Udnabad, P.O. Udnabad, P.S. Giridih (M), Dist. Giridih. … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Lukesh Kumar, Adv. For the Opposite Party : Mr. Vijay Kumar Roy, Adv. Order No.08/Dated- 18.07.2025 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 Original Matrimonial Suit No.252 of 2024, filed by the husband (opposite party) against the present petitioner (wife) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad. 3. It has been submitted by learned counsel for the petitioner that the petitioner was married with the opposite party/husband in accordance with Hindu rites and customs on 30.06.2020. The husband/opposite party and his family members have been demanding additional dowry and consequent torture meted with the petitioner, she was driven out from her matrimonial home in the month of February 2023. The petitioner has filed a maintenance case bearing Original Maintenance Case No.179 of 2023 which was disposed of vide order dated 23.11.2023 and opposite party/husband was directed to pay monthly allowance of Rs.6,000/- per month to the petitioner. But still not a single penny has been paid by opposite party/husband to the petitioner. It is further submitted that the husband has filed the 2025:JHHC:19794 Page | 2 above Original Matrimonial Suit No.252 of 2024 before the Court of Principal Judge, Family Court, Giridih under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The petitioner is a helpless lady having no source of income and no support of any kind, is unable to attend the Court at Giridih travelling from Dhanbad. 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 Judge, Family Court, Giridih, therefore, it is prayed that the said Original Matrimonial Suit No.252 of 2024 may be transferred from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad. 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 Original Matrimonial Suit No.252 of 2024 pending before the Court of Principal Judge, Family Court, Giridih is hereby transferred to the Court of Principal Judge, Family Court, Dhanbad. 7. The present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Sachin