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2026 DAILYLAW 22923 (JHR)

NAJIYA PRAWEEN v. MD. TANJAB ALAM

Tr.Pet.CVL/117/2025 · 2026-08-12

Sanjay Prasad

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:24152 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 117 of 2025 …. Najiya Praween, aged about 25 years, Wife of Md. Tanjab Alam, Daughter of Koushar Ansari, resident of- Charhi, Charhi Churchu, P.O.- Hazaribagh, P.S.- Hazaribagh, District- Hazaribagh. ……Petitioner Versus Md. Tanjab Alam, Son of Md. Shamsher Alam, Resident of Gomoh (Chamra Godam), P.O.- Gomoh, P.S.- Hariharpur, District- Dhanbad, Pin- 828401. ……Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Awnish Shankar, Advocate For the O.P. : Mr. Aditya Banerjee, Advocate …… 07/12.08.2026 This Transfer Petition (Civil) No. 117 of 2025 has been filed on behalf of the petitioner under Section 24 of the Code of Civil Procedure for transferring Original Suit No. 1053 of 2025 from the Court of learned Principal Judge, Family Court, Dhanbad to the court of learned Principal Judge, Family Court at Hazaribagh. 2. Learned counsel for the petitioner has submitted that the petitioner is a lady and mother of one child who is aged around two (02) years. 3. It is submitted that the opposite party-husband has neglected her and she has also filed one case being Charhi P.S. Case No. 102 of 2025 which is pending in court of Hazaribagh for the offence under Sections 126(2), 115(2), 352, 351(2), 79 of the BNS and Section 3/4 of the Dowry Prohibition Act. 4. It is submitted that there is distance of approx 127 KM from Dhanbad to Hazaribagh and hence the case may be transferred to the Court of learned Principal Judge, Family Court 2026:JHHC:24152 2 at Hazaribagh. 5. On the other hand, learned counsel for the OP has submitted that this Transfer Petition is not maintainable. It is submitted that he has filed suit being Original Suit No. 1053 of 2025 for grant of decree of restitution of conjugal right against the petitioner-wife. 6. It is submitted that Maintenance Case bearing No. 235 of 2025 is also pending in the Court of learned Principal Judge, Family Court at Hazaribagh. 7. It is submitted that opposite party is doing plumbing work in Bokaro and he has also to look after his old aged parents who are residing at Gomoh, Dhanbad. 8. It is submitted that the petitioner has left her matrimonial home with her son on 27.09.2024 on her own. 9. It is submitted that the OP is still ready and willing to keep the petitioner and their son with full honor or dignity and hence the Transfer Petition (Civil) may be dismissed. 10. Having heard the learned counsel for the parties and from going through the records, it appears that Nikah was solemnized between the petitioner and opposite party on 08.11.2022 at Charhi as per Muslim rites and customs and out of their wedlock, the parties have been blessed with one son on 10.09.2023. 11. It appears that the petitioner is living in her parental home and there is distance of approx 127 KM from Dhanbad to Hazaribagh and she has got no independent source of income. It also appears that one Maintenance Case bearing No. 235 of 2025 is also pending in the Court of learned Principal Judge, Family Court at Hazaribagh. 12. Under the circumstances, Original Suit No. 1053 of 2025 2026:JHHC:24152 3 pending in the Court of learned Principal Judge, Family Court, Dhanbad is transferred to the court of learned Principal Judge, Family Court at Hazaribagh. 13. Learned Principal Judge, Family Court, Dhanbad is directed to transmit the entire records to the Court of learned Principal Judge, Family Court at Hazaribagh for the needful at once. 14. Thus, Transfer Petition (Civil) No. 117 of 2025 is allowed and stands disposed of. 15. It will be desirable that Maintenance Case No. 235 of 2025 and the Original Suit No. 1053 of 2025 be heard on the same date by the learned Principal Family Court, Hazaribagh. (Sanjay Prasad, J.) Dated: 12.08.2026 RKM/