NAINA KUMARI BARMAN @ NAINA KUMARI v. SUBODH KUMAR SONI
Tr.Pet.CVL/44/2025 · 2025-11-07
Pradeep Kumar Srivastava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37728 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37728 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:33349 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 44 of 2025
--------- Naina Kumari Barman @ Naina Kumari, aged about 34 years, wife of Subodh Kumar Soni and daughter of Vijay Kumar Barman, Resident of Church Road, Parsudih, P.O.-Tatanagar, P.S.-Parsudih, Town-Jamshedpur, District-Purbi Singhbhum
… … Petitioner Versus Subodh Kumar Soni, Son of Ram Prasad Soni, resident of 3D Vrindavan Vatika, Pushpa Vihar, Harihar Singh Road, Morabadi, P.O. & P.S.-Bariyatu, District-Ranchi
…. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Vikas Kumar, Advocate For the Opp. Party : Mr. Parambir Singh Bajaj, Advocate ----------- 06/Dated: 07th 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.271 of 2024 from the court of learned Additional Principal Judge-I, Family Court, Ranchi to the court of learned Principal Judge, Family Court, Jamshedpur. 3. The Original Suit No.271 of 2024 has been filed by the opposite party (husband) against the present petitioner (wife) for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act. 4. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 30.11.2019 in accordance with Hindu Rites and Customs and they are blessed with two children. After marriage, the petitioner started living at her matrimonial home, where she was taunted at the hands of the opposite party and his other
( 2025:JHHC:33349 )
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family members for not bringing with much valuable jewellery and other items. It is further submitted that the petitioner was also tortured and assaulted upon her objection of the illicit relationship between the opposite party and his sister-in-law. Thereafter, she filed a case being Complaint Case No.5367 of 2022 against the opposite party for the offence under sections 498A, 323,406/34 of IPC and Sections 3/4 of D.P. Act and also filed Original Maintenance Case No.103 of 2024 under section 144 of B.N.S.S. before the court of Principal Judge, Family Court, Jamshedpur, which is pending for adjudication. 5. It is further submitted that petitioner has two minor children and she is not getting a single penny from the opposite party (husband) for maintenance of herself and her children.
It is quite impossible to contest the case filed by the opposite party (husband) by appearing the court of Ranchi on each and every date. 6. On the other hand, learned counsel for the opposite party has vehemently opposed the prayer of the petitioner made in this petition and submitted that it is the second round litigation between the parties as the earlier Original Suit No.579 of 2022 and Original Suit No.281 of 2022 were disposed of in the light of meditation, but due to non-tolerance behavior of the petitioner(wife), a bitter relationship again developed and she filed a complaint case against the opposite party behind his back. Hence, the prayer for transfer of the Original Suit No.271 of 2024 may not be transferred from Ranchi to Jamshedpur. ( 2025:JHHC:33349 )
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7. In view of the aforesaid facts and circumstances of the case and the inability of the petitioner to contest the matrimonial suit at Ranchi by appearing on each and every date, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 8. Accordingly, the proceeding of Original Suit No.271 of 2024, pending before the court of learned Additional Principal Judge-I, Family Court, Ranchi is hereby transferred to the court of learned Principal Judge, Family Court, Jamshedpur. 9. Accordingly, the present transfer petition is allowed. (Pradeep Kumar Srivastava, J.) 07/11/2025 Pappu/-