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2025 DAILYLAW 30757 (JHR)

SHREYANSH BHALOTIA v. MANISHA BHALOTIA ALIAS MANISHA KEDIA

Tr.Pet.CVL/32/2025 · 2025-06-20

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16460 IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (Civil). No.32 of 2025 Shreyansh Bhalotia, aged about 29 years, son of Pawan Kumar Bhalotia, resident of Zila School Road, Dumka, P.O. Dumka, P.S. Dumka Town, District-Dumka (Jharkhand) … Petitioner Versus Manisha Bhalotia @ Manisha Kedia, aged about 27 years, wife of Shreyansh Bhalotia, resident of Agresen Bhawan Road, near Patanjali Shop, P.O. Dumka, P.S. Dumka Town, District-Dumka (Jharkhand) and daughter of Late Murari Lal Kedia, resident of Barharwa Main Road, P.O. Barharwa, P.S. Barharwa, District-Sahibganj (Jharkhand). … Opposite Party Coram:HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Indrajit Sinha, Adv. Mr. Rishav Kumar, Adv. For the Opp. Party : Mr. Manoj Kumar, Adv Mr. Govind Ray Karan, Adv. Order No.06/Dated- 20.06.2025 1. Heard learned counsel for the petitioner as well as learned counsel for the opposite party. 2. Learned counsel for the petitioner has submitted that the present transfer petitioner has been filed under Section 24 of the Code of Civil Procedure for transfer of Original (Matrimonial) Suit No. 181 of 2024 from the learned Court of Additional Principal Judge, Rajmahal to the learned court of Principal Judge, Family Court, Dumka or any other district in the State of Jharkhand. 3. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 23.01.2022, according to Hindu rites and customs. It is further submitted that a petition under Section 13(i)(ia)(v) of the Hindu Marriage Act being Original Suit No. 181 of 2023 on 05.09.2023 was filed by the petitioner before the learned court of Principal Judge, Family Court at Dumka. The opposite party (wife) had filed a Transfer Petition (Civil) No. 107 of 2023 for the transfer of Original Suit No. 181 of 2024 from the Court of Principal Judge, Family Court, Dumka to the Court of Additional Principal Judge, Family 2025:JHHC:16460 Court, Rajmahal at Sahibganj which was allowed with observation as under:- “ It is made clear that there would be no threat or any type of coercion from the side of the petitioner or her family members to the opposite party while pursuing the case Rajmahal Court. In future, if any threat or coercion is made from the side of the petitioner, the opposite party shall be at liberty to move before the appropriate court which shall be considered appropriately” and the original matrimonial suit No.181 of 2024 was transferred at Sahibganj. 4. It is further submitted that on 31.07.2024, in Original Maintenance Case No. 84 of 2024, the petitioner went to Rajmahal to attend mediation proceeding where he was abused and threatened by the opposite party and her family members. Life of the petitioner was at stake and anyhow he escaped from there and lodged a sanha as well as written report to the Secretary Sub-Divisional Legal Service Committee, Rajmahal (Annexure-3). The petitioner will be subjected to harrassment and torture by the hands of the opposite party and her family members, if he travel from Dumka to Rajmahal for conducting the case and if the petitioner is not able to attend Court proceeding at Rajmahal, the suit may remain uncontested or an ex-party order may be passed which would otherwise highly prejudicial to the petitioner. 5. While on the other hand, learned counsel for the opposite party has opposed the aforesaid contentions raised on behalf of the petitioner and submitted that the allegation levelled against the opposite party (wife) is baseless as no documentary evidence such as Sanha or copy of F.I.R. has been brought on record except the information given to the Secretary Sub-Divisional Legal Service Council, Rajmahal (Annexure-3). Further, he has submitted that the whole story is concocted and dovid of merits, hence, this transfer petition may be dismissed. 6. Considering the overall aspects of the case it appears that the petitioner has not made out a fit case to get the transfer of his case from the learned court of Additional Principal Judge, 2025:JHHC:16460 Rajmahal to the learned court of Principal Judge, Family Court, Dumka, therefore, I don’t feel inclined to allow the prayer of the petitioner. 7. Accordingly, this petition is devoid of merits which is hereby, dismissed. (Pradeep Kumar Srivastava, J.) Amar/-