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2025 DAILYLAW 36862 (JHR)

JAI SHREE KUMARI v. VIJAY ORAON @ VIJAY TIRKEY

Tr.Pet.CVL/97/2024 · 2025-11-14

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:34063 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 97 of 2024 --------- Jaishree Kumari, aged about 38 years, wife of Vijay Oraon, Residing at Village-Pachagai, P.O.-Nagjua, P.S.-Kairo, District-Lohardaga, Jharkhand PIN-835325 … … Petitioner Versus Vijay Oraon @ Vijay Tirkey, aged about 36 years, son of Kamlesh Oraon, Resident of Village Anjan, P.O.-Anjan, P.S.-Gumla, District-Gumla, Jharkhand …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Rajiv Ranjan, Advocate For the Opp. Party : Mr. Vishal Srivastava, Advocate Mr. Mohit Prakash, Advocate ----------- 13/Dated: 14th November, 2025 1. Heard learned counsel for the parties. 2. Learned counsel for the petitioner has submitted that the present transfer petition has been filed under section 24 of the Code of Civil Procedure for transfer of Original Suit No.16 of 2024 from the court of learned Principal Judge, Family Court, Gumla to the court of learned Principal Judge, Family Court, Lohardaga. 3. The Original Suit No.16 of 2024 has been filed by the opposite party (husband) against the present petitioner (wife) for dissolution of marriage under section 7 of the Family Courts Act, 1987. 4. Learned counsel for the petitioner has submitted that the petitioner and the opposite party belong to a tribal community and their marriage was solemnized in the year 2014 in accordance with Oraon Rites and Customs. It is further submitted that the opposite party (husband) was serving in the Armed Forces and the petitioner was compelled to reside at the matrimonial home, where she was subjected to cruelty and ultimately she was ousted ( 2025:JHHC:34063 ) 2 from matrimonial home and since 2021, she has been residing at her parental home, where she has instituted a case being Kairo P.S. Case No.12 of 2022 for the offences under Sections 323, 341, 498-A and 34 of Indian Penal Code and Sections 3/4 of D.P. Act against her husband (opposite party) and his family members. The petitioner has also filed a case for maintenance being OMC No.25 of 2021 before the learned Principal Judge, Family Court, Lohardaga, which was decided on 05.09.2022 directing the opposite party to pay maintenance allowance of Rs.12,000/- per month to the petitioner but the aforesaid order has not been complied by the opposite party due to which the petitioner is facing financial crisis and could not attend the court at Gumla on each and every date. Therefore, Original Suit No.16 of 2024 may be transferred from the learned Principal Judge, Family Court, Gumla to learned Principal Judge, Family Court, Lohardaga so that petitioner could participate in the proceeding. 5. On the other hand, learned counsel for the opposite party has vehemently opposed the aforesaid contentions raised on behalf of the petitioner and submitted that due to pendency of the criminal cases, the opposite party was terminated from his job and he is also facing financial crisis, therefore, it is inconvenient for the opposite party to prosecute the case at Lohardaga. Hence, the prayer for transferring Original Suit No.16 of 2024 from the court of Gumla to the court of Lohardaga may not be allowed, dismissing this petition. ( 2025:JHHC:34063 ) 3 6. On consideration of the above contentions raised by the parties, it appears that the petitioner is a woman and she has no independent source of income and is residing at her parental home upon the mercy of her parents. Since, she has instituted a maintenance case, which has been disposed of directing the opposite party to pay the amount of Rs.12,000/- per month to the petitioner as a maintenance but the said order is also not being complied by the petitioner, hence, she is unable to attend the court at Gumla on each and every date. Therefore, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 7. Accordingly, the proceeding of Original Suit No.16 of 2024, pending before the court of learned Principal Judge, Family Court, Gumla is hereby transferred to the court of learned Principal Judge, Family Court, Lohardaga. 8. Accordingly, the present transfer petition is allowed. (Pradeep Kumar Srivastava, J.) 14/11/2025 Pappu/- Uploaded:-17/11/2025