Disposed¶18

Sikha Kumari @ Sweta Kumari v. Anil Kumar Saw @ Anil Kumar

Jharkhand HC18 Jul 2025Tr.Pet.CVL/25/2025

Case brief

AI extract

What is this about?

Wife's transfer petition under Section 24 CPC allowed; husband's divorce suit under Section 13(1)(ia) Hindu Marriage Act, 1955 (O.M.S. No.252 of 2024) moved from Family Court Giridih to Family Court Dhanbad on grounds of wife's penury, unpaid Rs.6,000/- p.m. maintenance (O.M.C. No.179 of 2023), ill-health and travel hardship; single-judge bench of Jharkhand High Court (Pradeep Kumar Srivastava, J.), order dated 18.07.2025.

What did the court decide?

Transfer of Original Matrimonial Suit No.252 of 2024 from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad; transfer petition disposed of. ¶18

Sikha Kumari @ Sweta Kumari Vs Anil Kumar Saw @… — Matrimonial and Divorce | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Transfer of Original Matrimonial Suit No.252 of 2024 from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad; transfer petition disposed of.

¶18

Issue for consideration

Whether Original Matrimonial Suit No.252 of 2024, filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and pending before the Court of Principal Judge, Family Court, Giridih, should be transferred to the Court of Principal Judge, Family Court, Dhanbad on the wife-petitioner's plea of hardship.

¶11

Court's answer

Considering the overall aspects of the case and the submissions on behalf of the petitioner, the Court felt inclined, in the ends of justice, to allow the prayer for transfer.

¶16

Ratio / Principle

The proceedings of Original Matrimonial Suit No.252 of 2024 pending before the Court of Principal Judge, Family Court, Giridih stand transferred to the Court of Principal Judge, Family Court, Dhanbad.

¶17

Detailed headnote1 paragraphs

Transfer Petition (C) No.25 of 2025 (Jharkhand High Court, Ranchi) — Pradeep Kumar Srivastava, J. — Order No.08 dated 18.07.2025. Wife-petitioner sought transfer, under Section 24 of the Code of Civil Procedure, of Original Matrimonial Suit No.252 of 2024 — a divorce suit filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 — from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad. Grounds pleaded: petitioner driven out of the matrimonial home in February 2023 after alleged additional dowry demands and torture; a prior maintenance order (Original Maintenance Case No.179 of 2023, order dated 23.11.2023) directing Rs.6,000/- per month remained wholly unpaid; petitioner had no source of income or support and her economic and health conditions were severely compromised, making travel to Giridih unaffordable. Holding: considering the overall aspects and the petitioner's submissions, the Court allowed the prayer in the ends of justice and transferred the proceedings of Original Matrimonial Suit No.252 of 2024 from Giridih to Dhanbad; the transfer petition was disposed of.

¶1

2025:JHHC:19794

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.25 of 2025

¶3

Sikha Kumari @ Sweta Kumari, aged about 22 years, W/o Anil Kumar Saw @ Anil Kumar, D/o Teju Mahto, R/o Village Mahtodih, Udnabad, P.O. Udnabad, P.S. Giridih (M), Dist. Giridih; at present R/o Village Brora, P.O. Nawagarh, P.S. Brora, District Dhanbad.

¶4

… Petitioner

¶5

Versus

¶6

Anil Kumar Saw @ Anil Kumar, S/o Platan Sao, aged about 33 years, R/o Village Mahtodih, Udnabad, P.O. Udnabad, P.S. Giridih (M), Dist. Giridih. … Opp. Party

¶7

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶8

For the Petitioner : Mr. Lukesh Kumar, Adv. For the Opposite Party : Mr. Vijay Kumar Roy, Adv.

¶9

Order No.08/Dated- 18.07.2025

¶10

1. Heard learned counsel for the parties.

¶11

2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Matrimonial Suit No.252 of 2024, filed by the husband (opposite party) against the present petitioner (wife) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad.

¶12

3. It has been submitted by learned counsel for the petitioner that the petitioner was married with the opposite party/husband in accordance with Hindu rites and customs on 30.06.2020. The husband/opposite party and his family members have been demanding additional dowry and consequent torture meted with the petitioner, she was driven out from her matrimonial home in the month of February 2023. The petitioner has filed a maintenance case bearing Original Maintenance Case No.179 of 2023 which was disposed of vide order dated 23.11.2023 and opposite party/husband was directed to pay monthly allowance of Rs.6,000/- per month to the petitioner. But still not a single penny has been paid by opposite party/husband to the petitioner. It is further submitted that the husband has filed the

¶13

Page | 1

¶14

2025:JHHC:19794

¶15

above Original Matrimonial Suit No.252 of 2024 before the Court of Principal Judge, Family Court, Giridih under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The petitioner is a helpless lady having no source of income and no support of any kind, is unable to attend the Court at Giridih travelling from Dhanbad. It is further submitted that economic and health conditions of the petitioner are severely compromised. Petitioner is unable to meet essential expenses related to travel, food or attending the ongoing case before the learned Court of Principal Judge, Family Court, Giridih, therefore, it is prayed that the said Original Matrimonial Suit No.252 of 2024 may be transferred from the Court of Principal Judge, Family Court, Giridih to the Court of Principal Judge, Family Court, Dhanbad. 4. Learned counsel for the opposite party/husband has opposed the above prayer.

¶16

5. Considering the overall aspects of the case and the submissions on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner.

¶17

6. Accordingly, the proceedings of Original Matrimonial Suit No.252 of 2024 pending before the Court of Principal Judge, Family Court, Giridih is hereby transferred to the Court of Principal Judge, Family Court, Dhanbad.

¶18

7. The present transfer petition stands disposed of.

¶19

(Pradeep Kumar Srivastava, J.)

¶20

Sachin

¶21

Page | 2

Sikha Kumari @ Sweta Kumari v. Anil Kumar Saw @ Anil Kumar

Case brief

What is this about?

What did the court decide?

Sikha Kumari @ Sweta Kumari v. Anil Kumar Saw @ Anil Kumar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sahdeo Mahto Vs Hadi Ram Mahto and Ors.

Shyama Kant Gupta Vs Urmila Devi

Suresh Yadav And Anr. Vs Bhagwan Yadav

Riya Kumari Vs Amit Kumar Rajak

Sapna Kumari @ Sapna Rawat Vs Abhinash Kumar

Santosh Singh Alias Santosh Kumar Singh Vs the State of Jharkhand