Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 31473 (JHR)

RINA DEVI v. RADHESHYAM PANDIT

Tr.Pet.CVL/3/2025 · 2025-03-19

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 (C) No.03 of 2025 ---- Rina Devi, aged about 23 years, W/o Radheshyam Pandit, D/o Govind Kumbhakar, R/o at present R/o Village Baliyapur, P.O. & P.S.-Baliyapur, District Dhanbad …. …. Petitioner(s) Versus Radheshyam Pandit, S/o Ramnath Pandit, R/o Village Shankarpur, P.O. & P.S.- Narayanpur, District-Jamtara …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Lukesh Kumar, Adv. For the Opposite Party(s) : None ---- 04/Dated: 19th March, 2025 1. Heard learned counsel for the petitioner. 2. In spite of valid service of notice and an opportunity granted, nobody appears on behalf of the husband/opposite party. 3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Matrimonial Suit No.152 of 2024 from the Court of learned Principal Judge, Family Court, Jamtara to the Court of learned Principal Judge, Family Court, Dhanbad. 4. It appears that the original suit has been filed by the husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 5. It has been submitted by the learned counsel for the wife/petitioner that the marriage has been solemnized in the year 2021 and there is no child out of the wedlock and as such she is being harassed. Accordingly, a case under Section 498A of IPC has been filed. Further, a maintenance case being Maintenance Case No.867 of 2024 has been filed but the husband has not appeared in that case till date. The present proceeding is nothing but harassment to the wife. She is a non earning person and she is solely dependent upon her parents. On that basis, prayer for transfer of case has been made. 6. Considering the facts of the present case, I am inclined to allow the present petition. Accordingly, the Original Matrimonial Suit No.152 of 2024, is hereby, transferred to the Court of learned Principal Judge, Family Court, Dhanbad. 7. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Shahid/- Uploaded