Jharkhand High Court
Reema Kumari vs Laldeo Rai on 21 April, 2025
2025:JHHC:11735
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (C) No.31 of 2024
Reema Kumari, aged about 27 years, Wife of Laldeo Rai, Daughter of
Nakul Roy, presently reside at Village - Suranga, P.O. - Kelabari, P.S. -
Ranga, District - Sahibganj. ... Petitioner/Opp. Party
Versus
Laldeo Rai, aged about 28 years, Son of Shital Rai, Resident of Village -
Kharoni, P.O. - Jama, P.S. - Jama, District - Dumka.
... Opp. Party/Petitioner
Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Naresh Pd. Thakur, Adv.
Mr. Swami Nath Prasad Roy, Adv.
For the Opposite Party : None
Order No.06/Dated- 21.04.2025
1.
Heard learned counsel for the petitioner.
2. None appears on behalf of the opposite party/husband, in spite
of valid service of notice and sufficient opportunity provided
for his appearance on contesting this petition.
3. The present transfer petition has been filed under Section 24 of
the Code of Civil Procedure for transfer of Original Suit No.175
of 2023 pending before the Court of Principal Judge, Family
Court, Dumka to the Court of Principal Judge, Family Court,
Rajmahal.
4. Learned counsel for the petitioner has submitted that the
petitioner was married with the opposite party on 02.05.2021
but her husband has left her without any reasonable cause. It is
further submitted that the petitioner has filed an application for
maintenance before the Family Court, Rajmahal and also a case
under Sections 323, 504, 506, 397, 498A of the Indian Penal Code
and 3/4 of the Dowry Prohibition Act bearing Ranga P.S. Case
No.70 of 2023 against her husband. It is further submitted that
the opposite party is not praying any interim maintenance nor
appearing in the proceedings filed by the petitioner before the
competent Court rather he has filed the above Original Suit
No.175 of 2023 before the Principal Judge, Family Court,
2025:JHHC:11735
Dumka under Section 9 of the Hindu Marriage Act. The District
Dumka is situated at a distance of 150 K.M. from the residential
house of the petitioner in Rajmahal District Sahibganj.
Since no one appears on behalf of the opposite party, I
have gone through the record of the case in the light of
submissions made on behalf of the petitioner.
5. In the facts and circumstances as discussed above, I am inclined
to allow the present petition. Accordingly, the proceedings of
Original Suit No.175 of 2023 pending before the Court of
Principal Judge, Family Court, Dumka is hereby transferred to
the Court of Principal Judge, Family Court, Rajmahal.
6. The present transfer petition stands disposed of.
(Pradeep Kumar Srivastava, J.)
Sachin