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2025 DAILYLAW 4534 (JHR)

SAPNA KUMARI @ DEVI v. MANISH KUMAR PANDEY

Tr.Pet.CVL/18/2025 · 2025-08-28

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. ( 2025:JHHC:26003 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 18 of 2025 --------- Sapna Kumari @ Devi, aged about 21 years, wife of Manish Kumar Pandey and daughter of late Ramakant Pandey, resident of Village-Narayanpur, P.O.-Narayanpur, P.S.-Narayanpur, District-Jamtara. Presently residing at village-Balak, P.O.-Balak & P.S.-Bagodar, District-Giridih … … Petitioner Versus Manish Kumar Pandey, aged about 25 years, son of Sri Mohan Pandey, resident of village-Narayanpur, P.O. Narayanpur, P.S.-Narayanpur, District- Jamtara …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Gautam Kumar Pandey, Advocate For the Opp. Party : Mr. Onkar Nath Tewary, Advocate Mr. Shawaid Raza, Advocate ----------- 09/Dated: 28th August, 2025 1. Heard, Mr. Gautam Kumar Pandey, learned counsel for the petitioner and Mr. Onkar Nath Tewary, learned counsel for the opposite party. 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.155 of 2024 to the court of learned Principal Judge, Family Court, Hazaribagh from the court of learned Principal Judge, Family Court, Jamtara. The Original Suit No.155 of 2024 has been filed by the opposite party against the present petitioner (wife) for Restitution of Conjugal Rights of the Hindu Marriage Act. 3. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 02.03.2024 in accordance with Hindu Rites and Customs but after some days of marriage, the petitioner was subjected to cruelty by the opposite party on account of non-fulfillment of demand of Apache Motorcycle and television. It is further submitted that after death of the father of the petitioner, she started residing Neutral Citation No. ( 2025:JHHC:26003 ) 2 with her brother at Hazaribagh. It is further submitted that the petitioner has also filed Complaint Case No.128 of 2025 for the offences under sections 85, 61, 308, 49, 115, 303 of B.N.S. Act and also Original Maintenance Case No. 13 of 2025 under section 144 of B.N.S.S, pending before the Principal Judge, Family Court, Hazaribagh. She has not been provided a single penny by the opposite party since she is residing separately from her husband. It is further submitted that petitioner is having no source of income and she is anyhow maintaining and looking after herself, so she could not bear additional cost of litigation by attending the Court of Family at Jamtara. 4. Learned counsel for the opposite party has opposed the prayer for transfer of original suit case raised by learned counsel for the petitioner and submitted that the petitioner is a resident of Giridih district but she is seeking transfer of the original suit case at Hazaribagh. Hence, the prayer for transfer of original suit case from the Court of Family, Jamtara to the Court of Family, Hazaribagh should be rejected dismissing this petition. 5. Considering the overall aspects of the case and the submission raised on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 6. Accordingly, the proceeding of Original Suit No.155 of 2024, pending before the court of Principal Judge, Family Court, Jamtara is hereby transferred to the court of learned Principal Judge, Family Court, Hazaribagh. 7. Accordingly, the present transfer petition stands allowed. (Pradeep Kumar Srivastava, J.) Pappu/-