Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15955
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 08 of 2024
Eakta Kumar @ Ekta Kumari, aged about 29 years, W/o Abbi Kumar, D/o Ajit Rai, R/o Sector 9/A, Q. No. 92, Street 1, P.O. – Sector-9, P.S. – Harla, District – Bokaro, Jharkhand.
….. Petitioner
Versus Abbi Kumar, S/o Shri Mahendra Yadav, R/o Lohia Park, Kokar, P.O. & P.S. – Sadar, District – Ranchi, Jharkhand.
….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-------- For the Petitioner : Mr. Baibhaw Gahlaut, Advocate. For the Opp. Party : Mr. Rahul Kumar, Advocate.
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Order No. 09/Dated: 16th June, 2025
1. Heard learned counsel for the parties.
2. This transfer petition (civil) has been filed for transfer of Original Suit No. 972 of 2023 from the Court of learned Principal Judge, Family Court, Ranchi to learned Principal Judge, Family Court, Bokaro.
3.
Learned counsel for the petitioner submits that petitioner’s marriage was solemnized with opposite party on 25.04.2021 in Bokaro according to Hindu rites and customs and out of wedlock, one male child namely, Master Kairav was blessed on 29.03.2022, who is living with her mother (petitioner) at Bokaro.
4.
Learned counsel for the petitioner further submitted that after marriage, petitioner was subjected to cruelty and she was terrorized in several mental and physical ways for dowry, leading to filing of Complaint Case No. 15 of 2024 under Section 498(A) I.P.C. and other sections.
5. It is further submitted that opposite party (her husband) has filed a case being Original Suit No.972 of 2023 under Section 13(1)
2025:JHHC:15955
2
(i-a) of Hindu Marriage Act, 1955 in the Court of Principal Judge, Family Court, Ranchi.
6. It is further submitted that petitioner and her son are wholly dependent on her father for her entire expenses and the petitioner is unable to maintain herself to face the day to day proceeding of the case at Ranchi as distance between Bokaro to Ranchi is about 113 k.m. Petitioner has also filed one maintenance case being O.M.C. No. 3 of 2024 against the opposite party that is pending before Principal Judge, Family Court, Bokaro, therefore, this transfer petition (civil) may be allowed by transferring the Original Suit No. 972 of 2023 from learned Principal Judge, Family Court, Ranchi to learned Principal Judge, Family Court, Bokaro.
7.
Learned counsel for the opposite party has vehemently opposed the prayer of the petitioner and argued that the present petition has been filed only to harass and humiliate the opposite party. Petitioner has filed a false complaint case for domestic violence after filing of the divorce suit as a counter blast. There is threat to life of opposite party on the hands of the petitioner and her family members on visiting to court at Bokaro. Therefore, this petition is not fit to be allowed.
8. Considering the submissions of learned counsel for the parties and the factual aspects of the case as pointed out, I feel inclined to allow this petition.
9. Accordingly, the proceeding of Original Suit No. 972 of 2023, pending before the Court of learned Principal Judge, Family Court, Ranchi is hereby transferred to the Court of learned Principal Judge, Family Court, Bokaro.
10. Accordingly, the present transfer petition is allowed.
(Pradeep Kumar Srivastava, J.) Sunil/