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2025 DAILYLAW 41517 (JHR)

ASHAMA KHATOON v. SADDAM ANSARI

Tr.Pet.Crl/5/2025 · 2025-11-27

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:35422 1 T.P.(Crl). No.05 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Crl.) No. 05 of 2025 -------- Ashama Khatoon, aged about 28 years, wife of Saddam Ansari, Daughter of Md. Mokhtar @ Md. Mukhtar Ansari, resident of Katras, P.O. & P.S.-Katras, Dist. Dhanbad, Jharkhand ... ... Petitioner Versus 1. Saddam Ansari, son of Usaman Mian, 2. Jainul Ansari, son of Usman Mian 3. Ainul Ansari @ Enual Ansari, son of Usaman Mian 4. Sadima Khatoon, wife of Usaman Mian, All residentof Dhauriya, P.O. & P.S.-Birani, Dist. Giridih … … Opp. Parties ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Sandip Kr. Burnwal, Advocate Mr. Anil Kr. Singh, Advocate For the Opp. Parties : Mr. Arvind Kumar, Advocate -------- Order No. 06/ Dated: 27th November, 2025 Heard learned counsel for the parties. 2. The instant petition has been filed under Section 447 of the BNSS, 2023 for transfer of Complaint Case No. 1319 of 2018 filed by the petitioner herself under Section 498A/120B/354B/379/323/506/494 of IPC before the Chief Judicial Magistrate, Giridih, from the Court of learned Judicial Magistrate-1st Class, Giridih to the Court of Learned Chief Judicial Magistrate, Dhanbad. 3. Learned counsel for the petitioner submits that the marriage of petitioner was solemnized with the Opp. Party No. 1 in the year 2013 according to Muslim Rites and Customs and her father gave Rs. 3 Lakhs along with household articles with jewelry to the Opp. Party No. 1. Further it is submitted that after the marriage, from their wedlock, twin babies born i.e. one male and female, thereafter, opp. parties started demanding dowry of Rs. 1 Lakh and threatened that if the same is not fulfilled, she will not be allowed to live at her matrimonial home and in 2025:JHHC:35422 2 T.P.(Crl). No.05 of 2025 the year 2018, she was forced to leave her matrimonial home and left with no option but to file the aforesaid case. 4. It is submitted that she being a lady living in her parental home i.e. Katras, District of Dhanbad, having one daughter aged about 9 years and not having any support or help to accompany her from Katras to Giridh which has distance of about 100 kms and is not in a position to defend case outside her home town. It is also submitted that it is not possible for her to travel from Katras to Giridih on same day by any means. It is therefore prayed that in the ends of justice and for proper pursuing the case, the aforesaid Complaint Case No. 1319 of 2018 pending before learned Judicial Magistrate-1st Class, Giridih be transferred to the Court of Learned Chief Judicial Magistrate, Dhanbad 5. On the other hand, learned counsel for the Opposite Party No. 1 has vehemently opposed the prayer made by the petitioner and submitted that all the allegations are baseless and there is no merit in this transfer petition which is fit to be dismissed. 6. Considering the aforesaid submissions of the parties and the grounds taken by the petitioner, it appears expedient to the ends of justice to transfer complaint case No. 1319 of 2018 from the Court of learned Judicial Magistrate-1st Class, Giridih to the Court of Learned Chief Judicial Magistrate, Dhanbad. 7. Accordingly, complaint case No. 1319 of 2018 is hereby transferred from the Court of learned Judicial Magistrate-1st Class, Giridih to the Court of Learned Chief Judicial Magistrate, Dhanbad. 8. In result, the instant transfer petition is allowed. (Pradeep Kumar Srivastava, J.) 27.11.2025 Basant Uploaded on 28/11/2025