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2025 DAILYLAW 5409 (JHR)

KAVITA KUMARI ALIAS PRACHI KUMARI v. UTTAM HARI

Tr.Pet.CVL/26/2025 · 2025-06-25

Pradeep Kumar Srivastava

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:16860) IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (C) No. 26 of 2025 --------- Kavita Kumari @ Prachi Kumari, aged about 18 years, W/o Uttam Hari, D/o Rabi Hari, R/o Bhojudih, Islampur, P.O. Bhojudih, P.S. Bhojudih (O.P.), Chandankiyari, District-Bokaro, Jharkhand … … Petitioner Versus Uttam Hari, S/o Late Debu Hari, R/o Bagadhaura, Kumardhubi, Panchmohali Hari Basti, P.O. & P.S. Kumardhubi, District-Dhanbad, Jharkhand …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Opp. Party : None ----------- 04/Dated: 25th June, 2025 1. Learned counsel for the petitioner is present. However, no one appears on behalf of the opposite party/husband, in spite of valid service of notice upon the opposite party. 2. Heard Mr. Baibhaw Gahlaut, learned counsel for the petitioner. 3. 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.1222 of 2024 from the court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Bokaro. The Original Suit No.1222 of 2024 has been filed by the opposite party against the present petitioner (wife) for Restitution Of Conjugal Rights under section 9 of the Hindu Marriage Act, 1955. 4. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 18.04.2024 in accordance with Hindu Rites and Customs. It is further submitted that the father of the petitioner has died and she resides with her mother in Bokaro without having no other family member to accompany her to Dhanbad. The petitioner is non-working woman having no source of income to contest the case by attending the court in Dhanbad. ( 2025:JHHC:16860 ) 2 5. It is further submitted that petitioner has filed a criminal case being Complaint Case No.1573 of 2024 in the court of learned Chief Judicial Magistrate, Bokaro and after filing of the said complaint case, the opposite party has filed Original Suit No.1222 of 2024 for restitution of Conjugal Rights with a view to harass her mentally, physically and emotionally, therefore this Original Suit No.1222 of 2024, pending before the Principal Judge, Family Court, Dhanbad be transferred to the court of learned Principal Judge, Family Court, Bokaro. 6. 6. Considering the overall aspects of the case and the submission on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 7. Accordingly, the proceeding of Original Suit No.1222 of 2024, pending before the court of Principal Judge, Family Court, Dhanbad is hereby transferred to the court of learned Principal Judge, Family Court, Bokaro. 8. Accordingly, the present transfer petition is allowed. (Pradeep Kumar Srivastava, J.) Pappu/-