Jharkhand High Court
Niti Kumari vs Ashish Kumar on 19 June, 2025
( 2025:JHHC:16112 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (C) No. 8 of 2025
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Niti Kumari, aged about 33 years, W/o-Ashish Kumar & D/O Abhimayu
Prasad, R/O Sahana Gali behind Giridih(T), Police Station-Giridih, Dist.-
Giridih, At present Flat No.306, Bhagwati Apartment, Sahjanand Chowk,
Harmu, P.O. & P.S.-Argora, Dist.-Ranchi
… … Petitioner
Versus
1. Ashish Kumar, S/o Rajendra Kumar Sinha, R/O Officers Colony, P.O. &
P.S.-Giridih(T), District-Giridih, At present R/O Shastri Nagar, Behind
Durga Mandap, P.O. & P.s.-Giridih (T), District-Giridih
2. Manish Kumar Sinha, S/o K.K. Sinha, R/O-Krishna Puri near Gandhi
Maidan, Korrah, P.O. & P.s. Korrah (Hazaribagh)
…. Opp. Parties
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CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
———-
For the Petitioner : Mr. Kumar Harsh, Advocate
For the O.P. No.1 : Ms. Manjusha Priya, Advocate
Mr. Pranav Kumar, Advocate
Mr. Prashant Kumar Rai, Advocate
———–
th
05/Dated: 19 June, 2025
1. Heard, Mr. Kumar Harsh, learned counsel for the petitioner and Ms.
Manjusha Priya assisted by Mr. Pranav Kumar and Mr. Prashant Kumar Rai,
learned counsel for the opposite parties.
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 Suit No.292 of 2024 to the court of learned Principal
Judge, Family Court, Ranchi, from the court of learned Principal Judge,
Family Court, Giridih. The Original Suit No.292 of 2024 has been filed by
the opposite party No.1 against the present petitioner (wife) for divorce
under section 13(1) of the Hindu Marriage Act, 1955.
3. Learned counsel for the petitioner has submitted that the marriage of the
petitioner was solemnized with the opposite party No.1 in the year 2023 in
( 2025:JHHC:16112 )
accordance with Hindu Rites and Customs. It is further submitted that due to
matrimonial discord/dispute and cruelty meted out with the petitioner(wife)
by the opposite party(husband), the petitioner left the matrimonial house and
started living at her parental house where she is dependent upon her father.
4. It is further submitted that petitioner has filed a criminal case bearing
Arogora P.S. Case No.351 of 2023 for the offences under sections 498-A,
504 and 506 of IPC and sections 3/4 of D.P. Act. It is further submitted that
petitioner is a women having no one to look after her to travel from Ranchi
to Giridih and only with malice intention, the opposite party No.1 has
instituted a divorce case i.e. Original Suit No.292 of 2024 in the court of
Principal Judge, Family Court, Giridih, which is pending for appearance of
the present petitioner(wife).
5. It is further submitted that petitioner is anyhow maintaining and looking
after herself, so she could not bear additional cost of litigation by attending
the Court of Principal Judge, Family Court at Giridih, therefore, the
Original Suit No.292 of 2024 pending before the Principal Judge, Family
Court, Giridih be transferred to the court of learned Principal Judge, Family
Court, Ranchi.
6. While on the other hand, learned counsel for the opposite party No.1 has
submitted that the petitioner(wife) has suppressed the facts that she is
dependent on her parents, however, the petitioner is a working woman and is
employed with TCS-Kolkata and she is still an employee of the said
company. It is further submitted that petitioner is a resident of Giridih
district and at present, she is residing at Ranchi, which would make it
convenient for her to attend the court proceedings. It is further submitted
that the opposite party No.1 is working in Bangalore and he has to travel
from Banglore to Ranchi on each and every date in the cases instituted by
the petitioner, which causing mental, physical and monetary loss. It is further
submitted that the instant petition is not maintainable as the petitioner does
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( 2025:JHHC:16112 )
not stay where she seeks to transfer the case. Hence, this transfer petition,
being devoid of merits, may be dismissed.
7. Considering the overall aspects of the case and the submission on behalf of
the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the
petitioner.
8. Accordingly, the proceeding of Original Suit No.292 of 2024, pending
before the court of Principal Judge, Family Court, Giridih is hereby
transferred to the court of learned Principal Judge, Family Court, Ranchi.
9. Accordingly, the present transfer petition is allowed.
10.
(Pradeep Kumar Srivastava, J.)
Pappu/-
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