2025:JHHC:17892 IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (C) No.36 of 2025 1. Madhuri Kumari @ Soni Kumari, aged about 29 years, W/o Vinay Kumar, D/o Rama Prasad Gupta @ Ram Prasad Gupta. 2. Rama Prasad Gupta @ Ram Prasad Gupta, aged about 58 years, S/o Late Rameshwar Saw. Both Residents of House No. 171, Village-Ratnag, Ward No. 03, P.O. Ratnag, P.S. Pandu, District- Palamau, Jharkhand. … Petitioners Versus Vinay Kumar, S/o Sri Mahendra Saw, aged about 35 years, R/o at- House No. 13/A, Jawahar Nagar, P.O. & P.S.-Bormo, District- Bokaro, Jharkhand. … Opposite Party Coram:HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Sheo Kumar Singh, Adv. For the Opp. Party. : Mr. Lalan Kr. Singh, Adv. Mr. Sanjay Kumar, Adv. Mr. N.K. Singh, Adv. Order No.04/Dated- 4th July, 2025 1. Heard learned counsel for the petitioner as well as learned counsel for the opposite party. 2. Instant transfer petition has been preferred to for transfer of Original Suit No. 43 of 2025 from the Court of learned Principal Judge, Family Court Bokaro to the Court of learned Principal Judge, Family Court, Palamau. 3. Learned counsel for the petitioner has submitted that the marriage of the petitioner No.1 with the opposite party was solemnized on 07.02.2024 according to Hindu Rites and Customs at his residential house and after marriage the petitioner No.1 (wife) and opposite party had been living together at her matrimonial home as wife and husband but out of their wedlock there is no child. The opposite party (husband) mistreated, shown cruelty and assaulted her and due to non-fulfillment of demand of dowry she ousted from 2025:JHHC:17892 her matrimonial home. It is further submitted that petitioner no.1 (Wife) is helpless lady as she is just a housewife and have no independent income and now dependent upon her old and infirm parents. It is also submitted that the petitioner (wife) is in fear that if she will go to Bokaro will be killed by opposite party (husband). Therefore, it is humbly submitted that the case may be transferred from the Court of learned Principal Judge, Family Court, Bokaro 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 his mother is a cancer patient and he is the only son to look after her and for the treatment of her mother, he has to visit Mumbai on regular basis. Therefore, it would quite a hardship for the opposite party (Husband) to attend the court at Palamau. Moreover, there was threatening extended by the family of the petitioner (wife) for which the father of the opposite party has filed informatory petition (Annexure-3) in the Court of learned A.C.J.M., Bermo at Tenughat. Therefore, there is no reasonable ground to transfer the case from the Court of learned Principal Judge, Family Court, Bokaro to the learned Court of Principal Judge, Family Court, Palamau. 5. Considering the rival contentions of both the parties, it appears that the petitioner no.1 was recently married with the opposite party on 7th February, 2024. The petition has been filed under Section 12 of the Hindu Marriage Act for declaring the marriage as nullity by the opposite party (husband) against the petitioner (wife). It appears that the petitioner (wife) has also filed a 2025:JHHC:17892 complaint case No. 187/2025 before the Learned CJM, Palamu under Section 115(2), 303 (2), 126(2) of BNS and under Section 3/4of DP Act against the opposite party (husband) and his family members; a Maintenance Case No. 29 of 2025 under Section 144 of BNSS was also filed before learned Principal Family Court, Daltonganj, Palamau, but no maintenance is provided by the opposite party (husband) to the petitioner (wife). The hardship on the part of the petitioner (wife) appears greater than the opposite party (husband), therefore, I feel inclined, in the ends of justice, to allow the prayer for the petitioner. 6. Accordingly, the proceeding of Original Matrimonial Suit No. 43 of 2025, pending before the Court of Court of learned Principal Judge, Family Court, Bokaro is hereby transferred to the learned Court of Principal Judge, Family Court, Palamau. 7. Accordingly, the present transfer petition is allowed. 8. Learned trial court, Palamau has to proceed with the trial of the case being Original Matrimonial Suit No. 43 of 2025 expeditiously in accordance with law without granting unnecessary adjournment(s) to any of the parties. (Pradeep Kumar Srivastava, J.) Amar/- Uploaded.