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2025 DAILYLAW 28530 (JHR)

POOJA KUMARI v. RAVI KANT RAJNIKAR

Tr.Pet.Crl/28/2023 · 2025-01-08

Rajesh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Crl.) No.28 of 2023 Pooja Kumari aged about 25 years wife of Ravi Kant Rajnikar and daughter of Deepak Kumar Mahatha @ Deepak Mahatha, resident of village – Sabra, P.O. Chandra, P.S. Chandankiyari, District – Bokaro. …… Petitioner Versus Ravi Kant Rajnikar son of Sri Barun Prasad Singh, resident of village Chandrakho, P.O. Kutri, P.S. Dhanwar, District – Giridih. …... Opp. Party --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Nitish Kr. Sahani, Advocate For the O.P. : Mr. A. K. Sahani, Advocate -------- 06/Dated: 08 th 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 407 of the Code of Criminal Procedure for transfer of Original Maintenance Case No.117 of 2021, pending in the court of Additional Principal Judge, Family Court, Giridih, to the Family Court, Bokaro. 3. It appears that the aforesaid maintenance case has been filed by the wife/ petitioner. The parties are related by marriage, which has been solemnized in the year 2018, as per the Hindu Rites. There was matrimonial dispute between the parties and as such the present maintenance case been filed in the court of learned Principal Judge, Family Court, Giridih. Prayer has been made by the wife/ petitioner to transfer the aforesaid maintenance case from the court of Additional Principal Judge, Family Court, Giridih, to the court of Principal Judge, Family Court, Bokaro. Difficulty as a reason has been assigned for the transfer of the case. The distance between two courts is around 100 k.m. 4. Having heard learned counsels for the parties and from perusal of record, it appears that the maintenance case been filed by the petitioner/ wife consciously before the Family Court at Giridih. It further appears that the evidence of the - 1 - Transfer Petition (Crl.) No.28 of 2023 wife has already been completed on 21.11.2022. Now, the evidence of the husband is going on and on the side of opposite party three witnesses have already been produced. Considering the above fact, I find no reason to entertain the present transfer petition. 5. However, the Family Court, Giridih, is directed to expedite the proceeding and conclude it as early as possible. 6. With the above direction, the present transfer petition, stands disposed of. (Rajesh Kumar, J.) Chandan/- - 2 - Transfer Petition (Crl.) No.28 of 2023