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2025 DAILYLAW 38995 (JHR)

KHUSHI KUMARI v. VISHWAJEET PRASAD BHAGAT

Tr.Pet.CVL/35/2025 · 2025-11-13

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:33927 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.35 of 2025 Khushi Kumari, aged about 28 years, Wife of Shri Vishwajeet Prasad Bhagat, Daughter of Shri Sanjay Kumar Jayswal, Resident of Village- Bagdaha Near Hari Mandir, P.O.-Bagdaha, P.S.-Rajganj, District- Dhanbad (Jharkhand) presently residing at Village-Barwadih, Tundi Road Near Balti Factory, P.O.-Barwadih, P.S.-Giridih Muffasil, District- Giridih (Jharkhand). … Petitioner Versus Vishwajeet Prasad Bhagat, aged about 36 years, Son of Shri Sudama Bhagat, Resident of Village-Bagdaha Near Hari Mandir, P.O.-Bagdaha, P.S.-Rajganj, District-Dhanbad (Jharkhand) … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Sumit Prakash, Adv. For the O.P. : None Order No.05/Dated- 13.11.2025 1. Learned counsel for the petitioner is present. But none appears on behalf of the opposite party/husband, in spite of valid service of notice and sufficient opportunity given by this Court on earlier dates. 2. Heard learned counsel for the petitioner. 3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.1255 of 2024, filed by the husband (opposite party) against the present petitioner (wife) for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Giridih. 4. It has been submitted by learned counsel for the petitioner that the petitioner was married with the opposite party/husband in accordance with Hindu rites and customs on 26.04.2021. Just after four months of marriage, she was subjected to mental and physical torture by her husband and in-laws. It is further submitted that on 22.06.2023, she was driven out from her matrimonial home and she lodged a Complaint Case No.2260 2025:JHHC:33927 of 2024 against her husband. She has also filed a maintenance case bearing Original Maintenance Case No.04 of 2024 against her husband under Section 125 of the Code of Criminal Procedure and the husband has appeared. It is further submitted that petitioner's parents are also ailing and she has a girl child and residing at her parental home without any independent source of income. Due to threat of dire consequences by the husband/opposite party and his family members, it is quite impracticable for the petitioner to attend the Family Court, Dhanbad which is at a distance of about 70 k.m. away from Giridih Court and to contest the suit at Dhanbad and petitioner is unable to meet essential expenses related to travel, food or attending the ongoing case before the learned Court of Principal Judge, Family Court, Dhanbad on each and every date to prosecute the aforesaid suit filed by her husband, therefore, it is prayed that the said Original Suit No.1255 of 2024 may be transferred from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Giridih. 5. Considering the overall aspects of the case and the submissions on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 6. Accordingly, the proceedings of Original Suit No.1255 of 2024 pending before the Court of Principal Judge, Family Court, Dhanbad is hereby transferred to the Court of Principal Judge, Giridih. 7. The present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Dated: 13th November, 2025 Sachin/