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2025 DAILYLAW 27799 (JHR)

JAYA KUMARI v. ASHOK SAHU

Tr.Pet.CVL/93/2023 · 2025-05-01

Pradeep Kumar Srivastava

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:13189 1 Tr. Pet. CVL No.93 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (Civil) No. 93 of 2023 --------- Jaya Kumari aged about 33 years, wife of Ashok Sahu @ Ashok Kumar, Daughter of Ramesh Prasad, Resident of- Station Road, Patratu, P.O. and P.S.-Patratu, District-Ramgarh … … Petitioner Versus Ashok Sahu, aged about 35 years Son of Sri Govind Sahu, Resident of- House No.385, Ward No.05, Bhaunro, P.O. and P.S.-Bhandra, District- Lohardaga. At present residing at Vill.-Soparm, P.O. and P.S.-Nagri, District-Ranchi …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the Opp. Party : ----------- 10/Dated: 1st May, 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 and sufficient opportunity given by this Court on earlier dates for appearance to contest this petition. 2. Heard 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 Suit(O.S.) No.611 of 2023 to the court of learned Principal Judge, Family Court, Ramgarh, from the court of learned Principal Judge, Family Court No.2, Ranchi. The Original Suit No.611 of 2023 has been filed by the opposite party against the present petitioner (wife) for divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955. 4. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party in the year 2015 in 2025:JHHC:13189 2 Tr. Pet. CVL No.93 of 2023 accordance with Hindu Rites and Customs and now they are blessed with two children. It is further submitted that due to matrimonial discord/dispute and cruelty meted out with the petitioner(wife) by the opposite party(husband), the petitioner left the matrimonial house and started living at her parental house where she is dependent upon her father. 5. It is further submitted that petitioner has filed a criminal case under sections 323, 341, 352 and 498A of IPC and sections 3/4 of D.P. Act before the Chief Judicial Magistrate, Ramgarh and a proceeding under section 125 of Cr.P.C. for maintenance against her husband, which is pending in Principal District Judge, Family Court, Ramgarh. It is further submitted that petitioner’s husband, in order to evade from the maintenance allowance and to put extra burden upon her, has instituted a divorce case i.e. Original Suit No.611 of 2023 in the court of Principal Judge, Family Court, Ranchi, which is pending for appearance of the present petitioner(wife). 6. It is further submitted that petitioner is anyhow maintaining and looking after her two children and herself, so she could not bear additional cost of litigation by attending the Court of Family at Ranchi. 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 Suit No.611 of 2023, pending before the court of Principal Judge, Family Court No.2, Ranchi is hereby transferred to the court of learned Principal Judge, Family Court, Ramgarh. 9. Accordingly, the present transfer petition stands disposed of. 10. Interim order earlier passed in this case shall be vacated. (Pradeep Kumar Srivastava, J.) Pappu/-