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2025 DAILYLAW 29573 (JHR)

PINKI KUMARI v. AMIT DUTTA

Tr.Pet.CVL/16/2025 · 2025-04-02

Rajesh Kumar

Transfer Petitionbody2025

Judgment text

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2025:JHHC:10099 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.16 of 2025 ---- Pinki Kumari, aged about 29 years, w/o Shri Amit Dutta, D/o Late Kalipada Pandit, residing at Bandarjori Police Line, Dumka, P.O.+P.S.- Dumka, Dist.-Dumka, Jharkhand. …. …. Petitioner(s) Versus Amit Dutta, aged about 32 years, S/o Sri Shankar Dutta, R/o Nirsa, Near High School, P.O.+P.S.- Nirsa, Dist.-Dhanbad, Jharkhand. …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mrs. Khalida Haya Rashmi, Adv. For the Opposite Party(s) : Mr. R.N. Chatterjee, Adv. ---- 03/Dated: 02nd April, 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 24 of the Code of Civil Procedure for transfer of Original Suit No.990 of 2024 from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Dumka. 3. It has been submitted by the learned counsel for the petitioner that the parties are related by marriage which was solemnized in the year 2017 and they have been blessed with a son aged about five years who is residing with the petitioner. It has further been submitted that the husband had filed a petition for restitution of conjugal rights which has been transferred to the Family Court, Dumka by the co-ordinate Bench of this Court vide order dated 16.06.2023 passed in Transfer Petition (Civil) No.03 of 2023 arising out of Original Suit No.1077 of 2022. On the above basis, prayer for transfer of the suit has been made. 4. Learned counsel for the O.P./husband has opposed the above submission of the petitioner. 5. Having heard learned counsels for the parties and from perusal of the record, it appears that there is a petition pending before the Family Court, Dumka and the co-ordinate Bench has also applied its mind. 6. Considering the above facts and the fact that the wife has to take care of her five- year-old child, the Original Suit No.990 of 2024, is hereby, transferred to the Court of Principal Judge, Family Court, Dumka. 7. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded