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2025 DAILYLAW 41552 (JHR)

DIPTI DHAR MUKHERJEE ALIAS DIPTI MUKHERJEE v. ARINDAM DHAR

Tr.Pet.CVL/45/2025 · 2025-10-31

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:32827 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 45 of 2025 Dipti Mukherjee, aged about 27 years, daughter of Shanti Mukherjee, resident of 72, Birsha Path, Road No. 3, New Colony, Chota Gamharia, Post – Gamharia, Police Station – Gamharia, District – Seraikella-Kharsawan. ….. Petitioner Versus Arindam Dhar, son of Late Samir Kumar Dhar, resident of House No. 44, Vidyasagar Path, Uliyan, Kadma, Post – Kadma, Police Station – Kadma, Town Jamshedpur, District – East Singhbhum. ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Vikash Kumar, Advocate. For the Opp. Party : Mr. Manish Yadav, Advocate. --------- Order No. 16/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. 681 of 2024 from the Court of learned Principal Judge, Family Court, Jamshedpur to the court of learned Principal Judge, Family Court, Seraikella. 3. Learned counsel for the petitioner has submitted that petitioner is the wife of the respondent and she is presently residing at Gamharia within the district of Seraikella-Kharsawan and there is no one in her family to accompany her from Seraikella-Kharwsawan to Jamshedpur to contest the proceeding. 2025:JHHC:32827 2 4. It is further submitted that the petitioner is totally dependent upon her ailing parents and has no independent source of income and it would be onerous and expensive for her to visit Jamshedpur to contest the proceedings before the court of Principal Judge, Family Court at Jamshedpur. 5. It is further submitted that petitioner has also instituted one case being Complaint Case No. 936 of 2024 registered under Section 85 / 316 (2) / 115 (2) / 352 / 351 (2)(3) of the B.N.S. and Section 3 / 4 of the Dowry Prohibition Act against the respondent and his other family members, which is now pending before the Court of learned Chief Judicial Magistrate, Seraikella 6. Learned counsel for the petitioner further submitted that on the aforesaid grounds the present case may be transferred from the Court of learned Principal Judge, Family Court, Jamshedpur to the court of learned Principal Judge, Family Court, Seraikella. 7. Learned counsel for the opposite party has vehemently opposed the contentions raised on behalf of the petitioner and has submitted that in terms of order dated 11.07.2025, the matter was referred to the High Court Legal Services Committee, Ranchi for settlement under Special Mediation Drive – Mediation “For the Nation” and as per Mediation Report dated 24.09.2025, it reveals that the mediation is 2025:JHHC:32827 3 successful, therefore it will be wholly irrational to transfer the case from the Court of learned Principal Judge, Family Court, Jamshedpur to the court of learned Principal Judge, Family Court, Seraikella. 8. Considering the submissions of learned counsel for the parties and the factual aspects of the case, as discussed above, I am inclined to transfer the case i.e. Original Suit No. 681 of 2024 from the Court of learned Principal Judge, Family Court, Jamshedpur to the court of learned Principal Judge, Family Court, Seraikella. 9. However, both parties are directed to adhere the terms and conditions of mediation arrived at Mediation Centre, Jharkhand High Court Legal Services Committee, Ranchi on 19.09.2025. 10. Accordingly, the present transfer petition (civil) is allowed. (Pradeep Kumar Srivastava, J.) October 31, 2025 Sunil/