Divya Jyoti Vs Ranjeet Kumar Goswami Alias Ranjeet… — Maintenance and Alimony | Jharkhand HC (2025)

Divya Jyoti Vs Ranjeet Kumar Goswami Alias Ranjeet… — Maintenance and Alimony | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Original Suit No. 928 of 2023 (matrimonial suit) pending before the Principal Judge, Family Court, Ranchi ought to be transferred to the Family Court, Ramgarh on the ground of inconvenience to the petitioner-wife — paucity of funds, rigor of the journey (about 40 km from Ramgarh to Ranchi), and pendency of her other cases. +1 more

Court's answer

The transfer petition is dismissed: the matrimonial suit sought to be transferred is at an advanced stage and there is no considerable distance between the two courts (Family Court, Ranchi and Family Court, Ramgarh).

Ratio / Principle

The court additionally took into account, as urged on behalf of the opposite party, that the cost of expenses of the petitioner would be borne by the opposite party.

Key takeaways

The transfer petition is dismissed.ratio¶19

Detailed headnote1 paragraphs

Transfer Petition (Civil) No. 23 of 2025 (High Court of Jharkhand at Ranchi; Pradeep Kumar Srivastava, J.; order dated 03rd July, 2025): The wife-petitioner sought transfer of the husband-opposite party's divorce suit, Original Suit No. 928 of 2023 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, from the Principal Judge, Family Court, Ranchi to the Family Court, Ramgarh, pleading inconvenience in attending the court at Ranchi due to paucity of fund and the rigor of journey (her parental home at Ramgarh being about 40 km away), and citing pendency of two cases instituted by her (Jagarnathpur P.S. Case No. 168 of 2023 under Sections 341, 323, 498A, 427 and 34 IPC, and Original Maintenance Case No. 330 of 2023 under Section 125 Cr.P.C.). The opposite party resisted, stating the suit was at an advanced stage and undertaking to bear the petitioner's cost of expenses for attending the Ranchi court. HELD: Considering the rival contentions, and in view of the suit being at an advanced stage, the absence of considerable distance between the two courts, and the cost of expenses being borne by the opposite party, the transfer petition was dismissed.

2025:JHHC:17845

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 23 of 2025

Divya Jyoti, daughter of Manish Kumar Giri, resident of Mantagarh Bazar Tand, P.O. & P.S.-Ramgarh, District-Ramgarh

Versus

Ranjeet Kumar Goswami @ Ranjeet Goswami, son of Holi Giri Goswami, resident of Kathal Kocha, Birsa Chowk, P.O. & P.S.Jagannathpur, District-Ranchi

... ... Opp. Party

CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-------For the Petitioner : Ms. Priyanka Agrawal, Advocate For the Opp. Party : Mr. Harshit Sahay, Advocate : Mr. Sudhanshu Singh,Advocate --------

Order No. 06/ Dated: 03^rd July, 2025

Heard learned counsel for the petitioner as well as learned counsel for the opposite party.

This petition has been filed for transfer of Original Suit No. 928 of 2023 from the Court of Principal Judge, Family Court, Ranchi to Family Court, Ramgarh.

Learned counsel for the petitioner submits that the petitioner is a woman, residing separately with her husband at her parental home at Ramgarh situated about 40 km. away from the district Ranchi. The husband of the petitioner (opposite party) has filed Original Matrimonial Suit under Section 13 (1) (i-a) of Hindu Marriage Act, 1955 which is at the stage of evidence of opposite party, the petitioner feels inconvenience in attending the court at Ranchi due to paucity of fund and the rigor of journey. Therefore, Original Suit No. 928 of 2023 pending in the Family Court, Ranchi be transfer to Family Court, Ramgarh where two other cases are pending which were instituted by the petitioner out of which one Jagarnathpur P.S. Case No. 168 of 2023 under Section 341, 323, 498A, 427 & 34 of I.P.C. and the other Original Maintenance Case No. 330 of 2023 under Section 125 Cr.P.C. pending before the Family Court, Ranchi.

On the other hand, learned counsel for the opposite party has

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2025:JHHC:17845

submitted that the suit of divorce filed by the opposite party is at the advance stage of hearing. Evidence of the plaintiff has been concluded and only evidence of defendant’s witnesses has remained to be examined for better appreciation of the case and fair trial. The suit has to be remained at Principal Judge, Family Court, Ranchi. The opposite party is ready to bear the cost of expenses of the petitioner/wife in prosecuting the aforesaid matrimonial suit in attending the Family Court at Ranchi. Therefore, there is no valid reason to transfer the case only on the basis of convenience of the party.

Considering the aforesaid rival contentions of the parties and also in view of the fact that the suit came to be transferred is at the advance stage and there is no considerable distance between the two courts and the cost of expenses has also to be born by the opposite party as urged in their argument. Therefore, this petition is dismissed .

(Pradeep Kumar Srivastava, J.)

Arpit

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