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2025 DAILYLAW 39042 (JHR)

NISHTHA SINGH v. ABHISHEK KUMAR SINGH

Tr.Pet.CVL/71/2025 · 2025-10-31

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:32826 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Cvl.) No. 71 of 2025 Nishtha Singh, aged about 29 years, W/o Abhishek Kumar Singh, D/o Binod Singh, R/o At-Flat No. 303, 3rd Floor, Golden Spring Residency, Sai Baba Nagar, Road No. 11, Back side after Burn GYM, Old Alwal, Hyderabad and present Resident of At – C/o Binod Singh, Near Durga Mandir, Bhavnathpur Basti, Garhwa, P.O. & P.S. – Bhavnathpur, District – Pamalau, Jharkhand. ….. Petitioner Versus Abhishek Kumar Singh, S/o Deo Mohan Singh, R/o Flat No. 303, 3rd Floor, Golden Spring Residency, Sai Baba Nagar, Road No. 11, Back side after Burn GYM, Old Alwal, Hyderabad and permanent Address – R/o Village – Jaria Jamakel, P.O. – Mahugaon, P.S. – Lapung, District – Ranchi, Jharkhand. ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Sheo Kumar Singh, Advocate. For the Opp. Party : Mr. Sumit Prakash, Advocate. --------- Order No. 03/Dated: 31st October, 2025 1. Heard learned counsel for the parties. 2. The instant transfer petition (civil) has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No. 707/2024 from the Court of learned Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Garhwa. 3. Learned counsel for the petitioner has submitted that petitioner is a helpless woman having no any independent income. She has paucity of fund to attend the court and also there is no any person to accompany her to Bhavnathpur to Ranchi for attending the court proceeding, as her father is old and ailing and living at Bhavnathpur; therefore, the case may be transferred from the Court of learned 2025:JHHC:32826 2 Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Garhwa. 4. On the other hand, learned counsel for the respondent has submitted that the respondent has adduced his evidence and the case is at the fag end of the conclusion ex-parte, which is likely to be disposed of, therefore, at the fag end of the trial, this application is fit to be dismissed. 5. It appears that in terms of order dated 14.08.2025, progress report was also called for from the concerned trial court, which has been received vide Letter No. 228 dated 02.09.2025. From perusal of report, it appears that the case is proceeding ex-parte and evidence has also been adduced by the petitioner (respondent herein). 6. Upon query from learned counsel for the petitioner as to whether he has filed any application for setting aside the ex-parte order proceeded against the petitioner in the Original Suit No. 707 of 2024, it has been replied that he has not filed any application. 7. Since the case is at the fag end of trial, therefore, I am not inclined to transfer of case i.e. Original Suit No. 707 of 2024 from the Court of learned Principal Judge, Family Court, Ranchi to the Court of learned Principal Judge, Family Court, Garhwa at this stage of the proceeding. 8. Accordingly, the transfer petition filed by the petitioner is hereby dismissed. (Pradeep Kumar Srivastava, J.) October 31, 2025 Sunil/