Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20604
IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (C) No.43 of 2025
Roshan Ara, aged about 35 years, W/o Md. Shamsad Khan, D/o Naimuddin Khan, R/o At- Pathan Toli Muhala Garhwa, PO & PS- Garhwa, District- Garhwa, Jharkhand at present R/o At- Pahadi Muhalla near Karbala, PO & PS- Daltonganj, Dist- Palamau, Jharkhand.
… Petitioner
Versus Md. Shamsad Khan, S/o Md. Sanullah Khan, R/o At- Pathan Toli Muhala Garhwa, PO & PS- Garhwa, District- Garhwa, Jharkhand, at present R/o Village- Piprakola, Kutchery Road, Garhwa PO & PS- Garhwa, Distt- Garhwa.
… Opposite Party
Coram:HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Sheo Kumar Singh, Adv. For the Opp. Party : Mr. Sanjay Kumar Pandey, Adv.
Order No.04/Dated- 25th July, 2025
1. Heard the parties.
2. Instant transfer petition has been preferred for transfer of Original Suit No. 249 of 2024 from the Court of learned Principal Judge, Family Court, Garhwa to the Court of learned Principal Judge, Family Court, Palamau. It is submitted that petitioner’s husband i.e. opposite party has filed Original Suit No. 249 of 2024 under Section 281 of Muslim Law for restitution of conjugal right.
3.
Learned counsel for the petitioner has submitted that the marriage of the petitioner (wife) with the opposite party (husband) was solemnized on 25.03.2009 according to Muslim Rites and Customs. Out of their wedlock they were blessed with two children namely Sahees Khan aged about 14 years and Alina Khan aged about 07 years now living with the petitioner (wife). Later on, the opposite party has performed second marriage and assaulted, abused and
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ousted the petitioner from her matrimonial house without any reason on the ground that opposite party dislike her. It is further submitted that the petitioner is helpless lady and she is a housewife and have no independent income and now totally dependent upon her old and infirm parents with two children and the opposite party is very influential person with high political connections and always sitting with district administration and the opposite party always threaten the petitioner if she enter in Garhwa, then she will be killed with her children and her brothers. Therefore, it is humbly prayed that the case may be transferred from the Court of learned Principal Judge, Family Court, Garhwa to the learned Court of Principal Judge, Family Court, Palamau.
4. On the other hand, learned counsel for the opposite party (husband) has submitted that there is around 65 kilometers distance between the Court of learned Principal Judge, Family Court, Garhwa and learned Court of Principal Judge, Family Court, Palamau and the petitioner (wife) can easily approach to attend the proceeding of the court. Therefore, there is no valid ground to entertain the transfer petition of the petitioner (wife) which is fit to be dismissed.
5. Considering the contentions raised on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer for the petitioner.
6. Accordingly, the proceeding of Original Suit No. 249 of 2024, pending before the Court of learned Principal Judge, Family Court,
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Garhwa is hereby, transferred to the Court of learned Principal Judge, Family Court, Palamau.
7. Accordingly, the present transfer petition is allowed.
(Pradeep Kumar Srivastava, J.) Amar/- Uploaded.