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2025 DAILYLAW 29475 (JHR)

DIVYA DEVI v. AJIT CHOUHAN

Tr.Pet.CVL/15/2025 · 2025-07-09

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:18454 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 15 of 2025 Divya Devi, aged about 27 years, Wife of Sri Ajit Chouhan, daughter of Sri Ramlakhan Chouhan, resident of Village – Nadkhurki, P.O. – Nadkhurki, P.S. – Baghmara, District – Dhanbad, State – Jharkhand. ….. Petitioner Versus Ajit Chouhan, son of Sri Bashudeo Chouhan, resident of Village – Painikala, P.O. – Ghanghri, P.S. – Vashishth Nagar Jori, District – Chatra, State – Jharkhand. ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Kamdeo Pandey, Advocate. For the Opp. Party : Mr. Ashok Kumar Singh, Advocate. --------- 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. 65 of 2024 from the Court of learned Principal Judge, Family Court, Chatra to learned Principal Judge, Family Court, Dhanbad. 3. Learned counsel for the petitioner submits that petitioner is legally married wife of the opposite party and due to matrimonial disputes and differences and harassment meted with the peititoner, she was compelled to live at her parental home. Petitioner has filed a maintenance case vide Maintenance Case No. 845 of 2022 under Section 125 of the Cr.P.C., which was allowed by the learned Principal Judge, Family Court, Dhanbad vide order dated 08.08.2024 directing the respondent to pay maintenance amount of Rs. 4,000/- per month to the petitioner, which has also not been complied with and a Complaint Case No. 2967 of 2019 under Section 498A of the IPC is also pending against the respondent. Since, the petitioner is living under veterancy under shelter of her father and attend court at Chatra, therefore, this transfer petition (civil) may be allowed by transferring 2025:JHHC:18454 2 the Original Suit No. 65 of 2024 from learned Principal Judge, Family Court, Chatra to learned Principal Judge, Family Court, Dhanbad. 4. Learned counsel for the opposite party has vehemently opposed the prayer of the petitioner and argued that there is no much distance between Chatra and Dhanbad. This petition has been filed to pressurize the opposite party and torture him calling at her parental native place. Therefore, this petition may be dismissed. 5. Considering the aforesaid facts and circumstances and the grounds taken by the petitioner appears to be sufficient and reasonable, I feel inclined to allow this petition. 6. Accordingly, the proceeding of Original Suit No. 65 of 2024, pending before the Court of learned Principal Judge, Family Court, Chatra is hereby transferred to the Court of learned Principal Judge, Family Court, Dhanbad. 7. Accordingly, the present transfer petition is allowed. (Pradeep Kumar Srivastava, J.) Sunil/