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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.4 of 2024 ---- Afsana Parween, aged about 24 years, wife of Jibrail Ansari, Daughter of Fajal Haque, R/o village-Bhandarkola, Tola Durgapur, P.S.-Kunda Sub & Dist. Deoghar, A/P residing at parents house, village-Barmasa, Tola-Fatehpur, P.O. Sahara, P.S. Taljhari, District-Dumka, Jharkhand
…. …. Petitioner(s)
Versus Jibrail Ansari, aged about 26 years, son of Md. Hadis Ansari, resident of village Bhandarkola, Tola-Durgapur, PS-Kunda, P.O.-Kunda & District Deoghar, Jharkhand
…. …. Opposite Party(s) ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)
: Mr. O.N.Tewary, Adv. For the Opposite Party(s)
: Mr. A.K.Choudhary, Adv. ---- 06/Dated: 25th March, 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.134 of 2023 from the Court of learned Principal Judge, Family Court, Deoghar to the Court of learned Principal Judge, Family Court, Dumka.
3. It appears that the original matrimonial suit has been filed by the husband under Section 281 of the Mohammadan Law for restitution of conjugal rights.
4. It has been submitted by the learned counsel for the petitioner that the parties got married in the year 2019 and they have been blessed with a son aged about three years who is residing the wife/petitioner. The wife is a non earning person and she is unable to move with her minor son. On that basis, prayer for transfer of the case has been made.
5.
Learned counsel for the opposite party/husband has opposed the above prayer.
6. Considering the facts that the wife has to take care of her minor son and it is a petition for restitution of conjugal rights, I am inclined to allow the present petition. Accordingly, the Original Suit No.134 of 2023, is hereby, transferred to the Court of learned Principal Judge, Family Court, Dumka.
7. The present transfer petition stands disposed of.
(Rajesh Kumar, J.) Shahid/- Uploaded