Richa Kumari Saw Vs Dhanraj Lal — Matrimonial and Divorce | Jharkhand HC (2025)

Richa Kumari Saw Vs Dhanraj Lal — Matrimonial and Divorce | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Transfer petition allowed; Original Suit No.278 of 2024 transferred from the court of the Principal Judge, Family Court, Dhanbad to the Court of the Principal Judge, Family Court, West Singhbhum at Chaibasa, with a direction that after receipt of the record no notice be issued to the opposite party, who will appear before the concerned court.

Issue for consideration

Whether the prayer to transfer Original Suit No.278 of 2024, pending before the Principal Judge, Family Court, Dhanbad, to the Court of the Principal Judge, Family Court, West Singhbhum, Chaibasa (where the petitioner-wife resides) should be allowed.

Court's answer

Considering the submissions of both parties and the hardship of the petitioner, who had been compelled to leave her matrimonial home on her own fortune just within two years of her marriage, the Court allowed the transfer prayer in the ends of justice.

Ratio / Principle

Matrimonial suit, Original Suit No.278 of 2024, is transferred from the court of the Principal Judge, Family Court, Dhanbad to the Court of the Principal Judge, Family Court, West Singhbhum at Chaibasa.

Key takeaways

After receipt of the record, no notice shall be issued to the opposite party, who will appear before the concerned (transferee) court.ratio¶20

Detailed headnote1 paragraphs

Tr. Petition (Civil) No. 29 of 2024, High Court of Jharkhand (Justice Pradeep Kumar Srivastava), Order dated 22.04.2025 — Allowed. The petitioner-wife sought transfer of Original Suit No.278 of 2024, a restitution-of-conjugal-rights suit filed by the husband under Section 9 of the Hindu Marriage Act and pending before the Principal Judge, Family Court, Dhanbad, to the Court of the Principal Judge, Family Court, West Singhbhum, Chaibasa, where she resides. JHALSA mediation (letter No.942A dated 11.04.2025) had failed owing to the husband's non-cooperation. Considering the parties' submissions (counsel having represented that the inter-district distance exceeds 200 kms and that the suit was filed to harass the petitioner) and the petitioner's hardship in being compelled to leave her matrimonial home within two years of her marriage, the Court allowed the transfer in the ends of justice and directed that, after receipt of the record, no notice be issued to the opposite party, who will appear before the transferee court. No precedent was cited and there was no separate or dissenting opinion.

2025:JHHC:12000

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Tr. Petition (Civil) No. 29 of 2024

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Richa Kumari Saw, aged about 27 years, w/o Dhanraj Lal, d/o Rajendra Prasad Saw, r/o 2/148, Santoshi Mandir Gali, Ward No.09, PO & PS Chakradharpur, Dist. West Singhbhum (Jharkhand) .... .... …. Petitioner

Versus Dhanraj Lal, aged about 30 years, s/o late Mewalal, r/o near Bank of India Barwadda, Barwadda More, PO Kalyani PS Barwadda, Dist. Dhanbad, Jharkhand .... .... Opp. Party

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CORAM : HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------

For the Petitioner : Mr. Anjani Kumar Advocate

For the Opp. Party : Mr. Ajay Kumar Sah, Advocate

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Order No.08/Dated: 22.04.2025

Matter was sent to the mediation center JHALSA for settlement between the parties. It is reported by JHALSA, Ranchi vide letter No.942A dated 11.04.2025 that due to none cooperation of the husband-opposite party, matter could not be settled.

Counsel for the petitioner submits that instant application has been filed for transfer of Original Suit No.278/2024 pending before Principal Judge, Family Court, Dhanbad under Section 9 of the Hindu Marriage Act to the Court of Principal Judge Family Court, West Singhbhum, Chaibasa where the petitioner-wife resides due to some matrimonial dispute. It is submitted that the distance between the two districts is more than 200kms. and the husband has filed the suit for restitution of conjugal rights for harassing the petitioner and showing no interest in the matter of settlement. It would be quite inconvenient and troublesome to attend the court at a distance of 200kms. alone. The suit may be tried and disposed of in equal efficacy at district West Singbhum by the competent court which will facilitate here trial and justice to the applicant, therefore petition may be allowed and the aforesaid suit may kindly be transferred to the court of Principal Judge Family Court West Singhbhum Chaibasa.

2025:JHHC:12000

On the other hand, learned counsel for the opposite party has opposed the aforesaid prayer of the petitioner and submitted that the suit may be properly disposed of by the jurisdictional court and the distance is also not so considerable that it may be impossible to attend the court on date fixed by the parties to participate in the trial, therefore this transfer petition is fit to be allowed.

Considering the submission of both parties and hardship of the petitioner who has been compelled to leave her matrimonial home on her own fortune just within two years of her marriage, therefore in the ends of justice the prayer for transfer of the Original Suit No 278 of 2024 is allowed.

Accordingly, the instant application stands allowed.

It is ordered that matrimonial suit i.e Original Suit No.278 of 2024 is hereby transferred from the court of Principal Judge Family Court Dhanbad to the Court of the Principal Judge Family Court, West Singhbum at Chaibasa.

After receipt of the record, no notice shall be issued to the opposite, who will appear before the concerned court.

(Pradeep Kumar Srivastava, J.)

Anjali/