Allowed¶8

Munmun Ghosh v. Amit Das

Jharkhand HC3 Jul 2025Tr.Pet.CVL/30/2025

Case brief

AI extract

What is this about?

Transfer petition (wife's convenience); matrimonial dispute; husband's divorce suit under Section 13(1)(i-a) Hindu Marriage Act, 1955 (O.S. No. 685 of 2024); transfer from Family Court, Ranchi to Family Court, Palamau at Daltonganj; distance about 160 km; petitioner sole carer of ailing parents; background allegations of dowry demand, physical/mental torture and desertion since marriage on 17.01.2023; opposite party's objections of hardship and alleged harassment; Jharkhand High Court, single judge Pradeep Kumar Srivastava; decided 03 July 2025; neutral citation 2025:JHHC:17843.

What did the court decide?

Prayer for transfer allowed: proceeding of Original Suit No. 685 of 2024 transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Palamau at Daltonganj; the transfer petition stands disposed of.

Munmun Ghosh Vs Amit Das — Matrimonial and Divorce | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding of Original Suit No. 685 of 2024, pending before the Principal Judge, Family Court, Ranchi, should be transferred to the Principal Judge, Family Court, Palamau at Daltonganj, given the petitioner's stated inability as a lady to travel about 160 km from Daltonganj to Ranchi and her being the only person to look after her ailing parents.

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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 petitioner's prayer for transfer.

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Ratio / Principle

The proceeding of Original Suit No. 685 of 2024, pending before the Court of Principal Judge, Family Court, Ranchi, was ordered to be transferred to the Court of Principal Judge, Family Court, Palamau at Daltonganj, and the transfer petition was disposed of accordingly.

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Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, Transfer Petition (Civil) No. 30 of 2025 (Order No. 05, decided 03 July 2025; Pradeep Kumar Srivastava, J.): Wife's petition to transfer her husband's Original Suit No. 685 of 2024, filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Palamau at Daltonganj, allowed in the ends of justice, having regard to her inability as a lady to travel about 160 km and her being the sole carer of her ailing parents; transfer petition disposed of. The opposite party resisted, citing the petitioner's residential ties and visits to Ranchi through her sisters, his own hardship as sole son of ailing parents, alleged harassment, and apprehension of threat; the court nonetheless allowed the transfer considering the overall aspects of the case.

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2025:JHHC:17843

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 30 of 2025

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Munmun Ghosh, W/o Amit Das, D/o Shri Mantosh Ghosh, R/o Mantosh Medical Hall, Zila School Chowk, P.O. & P.S.-Daltonganj, DistrictPalamau

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... ... Petitioner

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Versus

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Amit Das, S/o Shri Ranjit Das Gupta, R/o near Shiv Mandir, beside Pragya Kendra, Tiril Road, opposite Sadhu Mahto, Kokar, P.O.-Kanke, P.S.-Sadar, District-Ranchi

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... ... Opp. Party

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CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-------For the Petitioner : Mr. Akhouri Prakhar Sinha, Advocate For the Opp. Party : Mr. Amit Kr. Das, Advocate Mr. Sidhharth Jain, Advocate -------- Order No. 05/ Dated: 03^rd July, 2025

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Heard learned counsel for the parties.

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This transfer petition has been filed for transfer of Original Suit No. 685 of 2024 from the Court of Principal Judge, Family Court, Ranchi to Principal Judge, Family Court, Palamau at Daltonganj.

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Learned counsel for the petitioner submits that the marriage of petitioner was solemnized with opposite party on 17.01.2023, the opposite party and his parents started demanding dowry and further tortured her physically and mentally every day since marriage and later on she was deserted.

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It is further submitted that opposite party (her husband) has filed Original Suit No. 685 of 2024 under Section 13(1)(i-a) of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Ranchi.

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It is also submitted that the petitioner is unable to contest the case instituted by her husband pending before Principal Judge, Family Court, Ranchi vide Original Suit No. 685 of 2024 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 due to being a female/lady unable to travel from Daltonganj to Ranchi which is about 160 k.m. away and she is the only person to look after her ailing parents, therefore, the Original Suit No. 685 of 2024 pending before the Court of learned Principal Judge, Family Court, Ranchi be

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2025:JHHC:17843

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transferred to the Court of Principal Judge, Family Court, Palamau at Daltonganj.

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Learned counsel for the opposite party submits that the petitioner has also residential facility at Ranchi as her two sisters are residing there and she also regularly visits Ranchi. The opposite party is the only son of his parents, who are ailing and he has to look after them in absence of the petitioner and due to attendance at Daltonganj, there will be considerable hardship. This petition has only been filed with a view to harass the opposite party to call him at Daltonganj and there is apprehension of threat to him, since the father of the petitioner is an influential person.

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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.

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Accordingly, the proceeding of Original Suit No. 685 of 2024, pending before the Court of Principal Judge, Family Court, Ranchi is hereby transferred to the Court of Principal Judge, Family Court, Palamau at Daltonganj.

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Accordingly, the present transfer petition stands disposed of.

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(Pradeep Kumar Srivastava, J.)

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Arpit

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Munmun Ghosh v. Amit Das

Case brief

What is this about?

What did the court decide?

Munmun Ghosh v. Amit Das

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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