( 2025:JHHC:16431 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No. 48 of 2025 --------- Pammy Acharya @ Vaishnavi, aged about 20 years, W/o Joydeep Banerjee, D/o Sidam Acharya, present R/o Kutir Gali, Krishna Nagar Colony, Barkulhi, P.O. & P.S. Chas, District- Bokaro, Jharkhand … … Petitioner Versus Joydeep Banerjee, S/o Tapan Banerjee, R/o Jealgora, Near Supervisor Flat, Digwadih No.12, P.O. Digwadih, P.S.-Jorapokhar, District-Dhanbad, Jharkhand … …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Opp. Party : Mr. Ram Chandra Prasad Sah, Advocate ----------- 03/Dated: 20th June, 2025 1. Heard Mr. Baibhaw Gahlaut, learned counsel for the petitioner and Mr. Ram Chandra Prasad Sah, learned counsel for the opposite party. 2. Learned counsel for the petitioner has submitted that the present transfer petition has been filed under section 24 of the Code of Civil Procedure for transfer of Original (Matrimonial) Suit No.35 of 2025 from the court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Bokaro. The Original (Matrimonial) Suit No.35 of 2025 has been filed by the opposite party against the present petitioner (wife) for seeking annulment of marriage by a decree of nullity under section 25(i) of the Special Marriage Act, 1954. 3. Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 29.10.2024 under Special Marriage Act but just within three months of the marriage, the matrimonial suit No.35 of 2025 has been filed by the opposite party(husband) under section 25(i) of Special Marriage Act,1954 for decree of declaring the marriage as nullity on the ground of non-consummation of marriage. 4. It is further submitted that the petitioner’s father is a tempo driver having no sufficient source of income and the petitioner is also a non-working woman of 20 years old and she could not bear the cost to contest the aforesaid suit ( 2025:JHHC:16431 ) 2 by going to Dhanbad. It is further submitted that petitioner has filed a case bearing C.P. Case No.125 of 2025 under section 85 of B.N.S. against her husband, which is pending before Chief Judicial Magistrate, Bokaro. The opposite party also resides at Dhanbad and can easily attend the court at Bokaro. Therefore, it would be convenient to both parties to get transfer the Original (Matrimonial) Suit No.35 of 2025 from the court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Bokaro. 5. On the other hand, learned counsel for the opposite party has submitted that a case bearing C.P. Case No.125 of 2025 has been filed by the petitioner against the opposite party and a miscellaneous case for quashing the complaint under section 528 of Bhartiya Nagrik Surakasha Sahinta, 2023 has been filed before the Hon’ble High Court, which is pending at present. However, the prayer of petitioner may be allowed subject to the condition that the trial of the suit before the transferring court will be expedited and concluded in speedy manner without any unnecessary adjournments. 6. Considering facts and circumstances and the submission on behalf of the parties, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 7. Accordingly, the proceeding of Original Matrimonial Suit No.35 of 2025, pending before the court of learned Principal Judge, Family Court, Dhanbad is hereby transferred to the court of learned Principal Judge, Family Court, Bokaro. 8. Accordingly, the present transfer petition is allowed. 9. Learned trial court, Bokaro has to proceed with the trial of the case being Original Matrimonial Suit No.35 of 2025 expeditiously in accordance with law without granting unnecessary adjournment(s) to any of the parties. (Pradeep Kumar Srivastava, J.) Pappu/-