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2026 DAILYLAW 369 (JHR)

PRATIBHA KUMARI v. ROHIT KUMAR SINHA

Tr.Pet.CVL/100/2025 · 2026-01-29

Pradeep Kumar Srivastava

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2617 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 100 of 2025 Pratibha Kumari, aged about 38 years, wife of Shri Rohit Kumar Sinha, resident of C/o Sita Devi, Qr. No. DT 2057, H.E.C. Colony, Tanki Side, P.O. – Dhurwa, P.S. – Dhurwa, District – Ranchi. ….. Petitioner Versus Rohit Kumar Sinha, son of Ashok Kumar Sinha, resident of Bhatiya Basti, Kadma, P.O. & P.S. – Kadma, Town Jamshedpur, District – East Singhbhum. ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Vikesh Kumar, Advocate. For the Opp. Party : Mr. Rohit Ranjan Singh, Advocate. --------- Order No. 07/Dated: 29th January, 2026 1. Heard learned counsel for the parties. 2. The instant transfer petition (civil) has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No. 428 of 2025 from the Court of learned Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of learned Principal Judge, Family Court, Ranchi. 3. The factual matrix giving rise to this case is that the opposite party (husband) filed an application under Section 7 and 17 of the Guardianship and Wards Act against the petitioner before the learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur, which was registered as O.S. No. 428 of 2025 stating inter alia that the marriage between petitioner and opposite party was duly solemnized on 13.02.2019 at Ranchi according to the Hindu rites and rituals and they were blessed with one daughter namely, Laxmi Kumar Sinha. It is alleged that the petitioner has left the matrimonial home and she is suffering from 2026:JHHC:2617 2 chronic kidney disease. In such situation, she is not in a position to maintain the daughter and the daughter will not be happy in living with the petitioner. On 30.08.2025, a summon has been issued by the learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur in O.S. No. 428 of 2025 against the petitioner asking her to appear on 25.09.2025. 4. Learned counsel for the petitioner has submitted that petitioner is the wife of the opposite party. It is further submitted that the petitioner is suffering from Kidney problem and the treatment of the same is undergoing in C.M.C., Vellore and also in Indian Institute of Nuclear Medicine and Scanning at Mohali, Chandigarh. It is further submitted that the petitioner has been ousted from her matrimonial home by the opposite party due to her kidney problem and to avoid the medical expenses of the petitioner. It is submitted that efforts were made by the petitioner to live with the opposite party but the same were refused by the opposite party to take back until she is cured completely. 5. It is further submitted that petitioner is residing with her parents in Ranchi, who have no independent source of income except nominal pension and in such financial crises due to expenses in medical treatment, the petitioner is not in a position to spend money in litigations, which is going before the Court at Jamshedpur and due to kidney problem, her weight is also getting down and her health does not permit her to travel from Ranchi to Jamshedpur to attend the dates in the Family Court, as such, if the case is transferred to any court of equal or superior jurisdiction in the district of Ranchi, it will be convenient for the petitioner. 6. Learned counsel for the opposite party though has opposed the contentions raised by the learned counsel for the petitioner, but has raised no objection in transfer of records of the O.S. No. 428 of 2025, 2026:JHHC:2617 3 pending in the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of Learned Principal Judge, Family Court, Ranchi. 7. I have heard learned counsel for both the sides. 8. Considering the submissions of learned counsel for the parties and the factual aspects of the case, as discussed above, I am inclined to transfer the records of the O.S. No. 428 of 2025, pending in the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of Learned Principal Judge, Family Court, Ranchi. 9. Accordingly, the present transfer petition (civil) is allowed. (Pradeep Kumar Srivastava, J.) January 29, 2026 Sunil/ Uploaded on : 03.02.2026