2025:JHHC:10562 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.21 of 2024 ---- Sushila Das, aged about 32 years, wife of Ravi Kumar Ujala, daughter of Jayshree Prasad, resident of Manaitand, Kumharpatti, P.O. Manaitand, P.S. Dhansar, District Dhanbad, Jharkhand …. …. Petitioner(s) Versus Ravi Kumar Ujala son of Umacharan Das, resident of Dhariyadih, P.O. Giridih, P.S.-Giridih (Town), District Giridih, Jharkhand …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Zaid Ahmed, Adv. For the Opposite Party(s) : None ---- 06/Dated: 07th April, 2025 1. In spite of valid service of notice, nobody appears on behalf of the opposite party/husband. 2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.278 of 2021 from the Court of learned Principal Judge, Family Court, Giridih to the Court of learned Principal Judge, Family Court, Dhanbad. 3. It has been submitted by the learned counsel for the petitioner that the parties got married in the year 2008 and they have been blessed with two children, who are residing with the wife/petitioner. It has been further submitted that there is litigation between the parties and one complaint case is pending at Dhanbad. Further a maintenance case has been filed before the Family Court, Dhanbad being Original Maintenance Case No.174 of 2021 which has been decreed in favour of the wife. Although the husband has appeared in the proceeding but as the order is not being complied, an execution case has been filed being Enforcement (O.M.) No.174 of 2021. It has been further submitted that the petition has been filed by the husband under Section 9 of the Hindu Marriage Act, 1955 just to deny the benefit of maintenance. Once a finding has been recorded by a competent civil court that the wife has reasonable reason for not residing with the husband then filing petition under Section 9 of the Hindu Marriage Act, 1955 is nothing but for the purpose of creating a ground for divorce and undue harassment to the wife. On that basis, prayer for transfer of the case has been made. 4. Considering the above facts and the fact that the wife has to take care of her children, I am inclined to allow the present petition. Accordingly, the Original Suit No.278 of 2021, is hereby, transferred to the Court of learned Principal Judge, Family Court, Dhanbad. 5. The present transfer petition stands disposed of. (Rajesh Kumar, J.) Shahid/- Uploaded