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2025 DAILYLAW 6687 (JHR)

SABITA KUMARI @ DEVI v. RAM SHANKAR BHAGAT @ RAM SHANKAR PRASAD

Tr.Pet.CVL/27/2025 · 2025-05-08

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:13876 1 Transfer Petition (Civil) No. 27 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 27 of 2025 -------- Sabita Kumari @ Devi, W/o Sri Ram Shankar Bhagat, D/o Sri Mohan Prasad Bhagat, R/o village-Tandwa, P.O. & P.S.-Tandwa, District-Chatra ... ... Petitioner Versus Ram Shankar Bhagat @ Ram Shankar Prasad Bhagat, S/o Late Kashinath Bhagat, R/o village-Chandankiary, Bhagat Tola, P.O. & P.S.-Chandankiary, District-Bokaro, Jharkhand … … Opp. Party ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opp. Party : Mr. Baibhaw Gahlaut, Advocate -------- Order No. 04/ Dated: 08th May, 2025 1. Heard learned counsel for the parties. 2. This transfer petition has been filed for transfer of Original Suit No. 438 of 2024 from the Court of learned Principal Judge, Family Court, Bokaro to Principal Judge, Family Court, Chatra. 3. Learned counsel for the petitioner submits that petitioner’s marriage was solemnized with opposite party on 12.03.2015 and out of wedlock one daughter namely Vidya Rani was blessed, who is living with her mother at Chatra. 4. Learned counsel for the petitioner further submitted that after marriage, petitioner was being ill-treated on account of several reasons including dowry and later on thrown out of her matrimonial house. 5. It is further submitted that opposite party (her husband) has filed a case being Original Suit No.438 of 2024 under Section 13(1) (1-a) (1-b) of Hindu Marriage Act, 1955 in the Court of Principal Judge, Family Court, Bokaro. 6. It is further submitted that petitioner and her daughter is wholly dependent on her father for her entire expenses and the petitioner is unable to maintain herself to face the day to day 2025:JHHC:13876 2 Transfer Petition (Civil) No. 27 of 2025 proceeding of the case at Bokaro as distance between Chatra to Bokaro is about 188 k.m. therefore, this transfer petition should be allowed by transferring the Original Suit No. 438 of 2024 from Principal Judge, Family Court, Bokaro to Principal Judge, Family Court, Chatra. 7. Although no counter affidavit has been filed within time, but learned counsel for the opposite party has vehemently argued that the present petition has been filed only to harass and humiliate the opposite party and there is chance of physical attack if he will attend the court at Chatra. One witness has also been examined. 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. Therefore, this petition is allowed. 9. Accordingly, the proceeding of Original Suit No. 438 of 2024, pending before the Court of Principal Judge, Family Court, Bokaro is hereby transferred to the Court of Principal Judge, Family Court, Chatra. 10. Accordingly, the present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Arpit/-