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2025 DAILYLAW 2779 (JHR)

MAMPI BANERJEE v. LAL MOHAN CHATTERJEE

Tr.Pet.CVL/10/2025 · 2025-07-09

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:18451 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 10 of 2025 Mampi Banerjee, aged about 29 years, W/o Lal Mohan Chatterjee, D/o Sampat Banerjee, at present R/o Rajhansh Refactories, Katras Bazar, P.O. – Katrasgarh, P.S. – Katras, District – Dhanbad. Permanent R/o Village – Rasudih, P.O. – Gopalpur, P.S. – Puncha, District – Purulia (West Bengal). ….. Petitioner Versus Lal Mohan Chatterjee, S/o Manik Chandra Chatterjee, aged about 35 years, R/o Village – Jaitara, P.O. & P.S. – Pindrajora, District – Bokaro. ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Lukesh Kumar, Advocate. For the Opp. Party : None. --------- Order No. 05/Dated: 9th July, 2025 1. Heard learned counsel for the parties. 2. This transfer petition (civil) has been filed for transfer of Original Suit No. 257 of 2024 from the Court of learned Principal Judge, Family Court, Bokaro to learned Principal Judge, Family Court, Dhanbad. 3. Learned counsel for the petitioner submits that notice has been served personally to the respondent on 22.02.2025, but he did not turn up before this Court, inspite of valid service of notice. 4. Learned counsel for the petitioner submits that petitioner’s marriage was solemnized with opposite party on 02.03.2020 according to Hindu rites and customs. 5. Learned counsel for the petitioner further submitted that after marriage, respondent and his family members have demanding additional dowry and when the petitioner shown her inability to make payment of additional dowry through her parents, as they are poor persons and are suffering from several ailments, the respondent and 2025:JHHC:18451 2 his family members started committing cruelty to the petitioner and altercation took place several times. 6. It is further submitted that opposite party (her husband) has filed a case being Original Suit No.257 of 2024 under Section 9 of Hindu Marriage Act in the Court of Principal Judge, Family Court, Dhanbad. 7. It is further submitted that petitioner is a house wife and she has no source of income to expense over the travel or to maintain herself and she has no relatives at Bokaro and it would be impossible for her to stay alone at Bokaro and / or travel to Bokaro. 8. It is further submitted that petitioner had filed maintenance case bearing Original Maintenance Case No. 741/2023 before the learned Principal Judge, Family Court, Dhanbad and also a complaint case against the respondent and his family members committing cruelty against the petitioner mentally and physically is still pending before the learned court at Dhanbad, therefore, this transfer petition (civil) may be allowed by transferring the Original Suit No. 257 of 2024 from learned Principal Judge, Family Court, Bokaro to learned Principal Judge, Family Court, Dhanbad. 9. Considering the submissions of learned counsel for the petitioner and the factual aspects of the case as pointed out, I feel inclined to allow this petition. 10. Accordingly, the proceeding of Original Suit No. 257 of 2024, pending before the Court of learned Principal Judge, Family Court, Bokaro is hereby transferred to the Court of learned Principal Judge, Family Court, Dhanbad. 11. Accordingly, the present transfer petition is allowed. (Pradeep Kumar Srivastava, J.) Sunil/