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2025 DAILYLAW 5843 (JHR)

SANJU DEVI v. RAJENDRA NONIA

Tr.Pet.CVL/29/2025 · 2025-06-20

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:16333 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 29 of 2025 -------- Sanju Devi, W/o Rajendra Nonia, D/o Ram Jatan Nonia, permanent R/o MQ 264, Niche Turiya, P.O.-Jharidih, P.S.-Chandrapura, District- Bokaro, Jharkhand, Presently/Permanent R/o Village-Khodobali, P.O. & P.S.-Barora, District-Dhanbad, Jharkhand ... ... Petitioner Versus Rajendra Nonia, S/o Sitaram Nonia, R/o MQ 264, Niche Turiya, P.O.- Bhandaridah, P.S.-Chandrapura, District-Bokaro, Jharkhand ... ... Opp. Party ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Raj Nandan Chatterjee, Advocate For the Opp. Party : -------- Order No. 5/ Dated: 20th June, 2025 1. Heard learned counsel for the parties. 2. This transfer petition has been filed for transfer of Original Matrimonial Suit No. 21 of 2025 from the Court of Principal Judge, Family Court, Bermo at Tenughat, Bokaro to Principal Judge, Family Court, Dhanbad. 3. Learned counsel for the petitioner submits that petitioner is a lady, left by her husband/opposite party, without any reasonable cause. Her marriage was solemnized on 22.05.2013. After marriage, the petitioner was subjected to torture and cruelty by the opposite party. Out of their wedlock two daughters were also born. 4. It is further submitted that opposite party (her husband) has filed Original Matrimonial Suit No. 21 of 2025 under Section 9 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Bermo at Tenughat, Bokaro. 5. It is further submitted that petitioner has filed maintenance case bearing Original Maintenance Case No. 62 of 2025 against the opposite party for maintenance to herself and her children. 6. It is also submitted that the petitioner is unable to contest the case instituted by her husband pending before Principal Judge, Family 2025:JHHC:16333 2 Court, Bermo at Tenughat, Bokaro vide Original Matrimonial Suit No. 21 of 2025 under Section 9 of the Hindu Marriage Act, 1955 due to being a female/lady unable to travel from Dhanbad to Bermo which is more than 80-90 k.m. away and she has not any independent source of income and presently is unemployed, therefore, the Original Original Matrimonial Suit No. 21 of 2025 pending before the Court of learned Principal Judge, Family Court, Bermo at Tenughat, Bokaro be transferred to the Court of Principal Judge, Family Court, Dhanbad. 7. Considering the overall aspects of the case and the submissions on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 8. Accordingly, the proceeding of Original Matrimonial Suit No. 21 of 2025, pending before the Court of Principal Judge, Family Court, Bermo at Tenughat, Bokaro is hereby transferred to the Court of Principal Judge, Family Court, Dhanbad. 9. Accordingly, the present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Arpit