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2025 DAILYLAW 5610 (JHR)

SAIKA ERAM v. KAFIL AHMAD

Tr.Pet.CVL/47/2025 · 2025-09-25

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:30046 1 T.P.(C). No.47 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 47 of 2025 -------- Saika Eram, aged about 23 years, W/o Kafil Ahmad, D/o Md. Sahid Alam, R/o-Line Mohalla (Rahmat Chowk), Chatra, P.O. & P.S.-Chatra, Dist. Chatra, Jharkhand ... ... Petitioner Versus Kafil Ahmad, aged about 30 years, S/o Mohammad Shafique, R/o at Ashiyana-e-Ahmad, Gulzar Road, Itki, Thakurgoan, P.O. & P.S.-Itki, Dist. Ranchi, Jharkhand … … Opp. Party ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Md. Sajid Yunus, Advocate For the Opp. Party : -------- Order No. 06/ Dated: 25th September, 2025 No one appears on behalf of the respondent and no counter- affidavit has been filed. 2. In terms of order dated 11th July, 2025, the matter was referred to the HCLSC, Ranchi for settlement under Special Mediation Drive- Mediation “For the Nation” and as per Mediation Report dated 21.08.2025 received through letter No. HCLSC/3028 dated 28.08.2025, the mediation has failed. 3. Heard learned counsel for the petitioner on merits. 4. The instant petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No. 722 of 2024 filed by Opp. Party under Section 281 of Mohammaddan Law from the Court of Learned Principal Judge, Family Court, Ranchi to the Court of Learned Principal Judge, Family Court, Chatra. 2025:JHHC:30046 2 T.P.(C). No.47 of 2025 5. Learned counsel for the petitioner submits that the marriage of petitioner was solemnized with the Opp. Party on 30.04.2023. Further it is submitted that there is no issue from their wedlock. It is further stated that after some time of the marriage, her in-laws started taunting and passing sarcastic comments and ironical remarks against the petitioner that she has brought less and insufficient dowry and became adamant with the demand of Rs. 5,00,000/- and finally she was tortured and ousted from her matrimonial house on 03.10.2023 by extending threat. 6. It is submitted that petitioner has filed one complaint case No. 1147 of 2024 and another complaint Case No. 1497 of 2024 before the Court of Learned C.J.M., Chatra against the accused persons under Section 74, 75, 77, 85, 115, 351 of BNS, 2023 and ¾ of D.P. Act. It is also submitted that petitioner has also filed the maintenance case No. 67 of 2024 which is also pending before the Court of Learned Principal Judge, Family Court, Chatra. 7. Therefore, it is submitted by learned counsel for the petitioner that petitioner being a poor lady having no source of income, it is very difficult for her to attend the Original Suit No. 722 of 2024 filed by Opp. Party under Section 281 of Mohammaddan Law, pending before the Court of Principal Judge, Family Court, Ranchi and in the ends of justice and for proper pursuing of the case, the aforesaid Original Suit No. 722 of 2024 pending before the Court of Learned Principal Judge, Family Court, Ranchi be transferred to the Court of Learned Principal Judge, Family Court, Chatra where the petitioner has already filed complaint 2025:JHHC:30046 3 T.P.(C). No.47 of 2025 cases and maintenance case. 8. Considering the aforesaid submissions of the petitioner and the grounds taken by the petitioner, it appears expedient in the ends of justice to transfer Original Suit No. 722 of 2024 from the Court of Learned Principal Judge, Family Court, Ranchi to the Court of Learned Principal Judge, Family Court, Chatra. 9. Accordingly, the proceeding of Original Suit No. 722 of 2024 pending before the Court of Learned Principal Judge, Family Court, Ranchi is hereby transferred to the Court of Learned Principal Judge, Family Court, Chatra. 10. In result, the instant transfer petition is allowed. (Pradeep Kumar Srivastava, J.) 25.09.2025 Basant