Allowed¶24

Naina Kumari Barman @ Naina Kumari v. Subodh Kumar Soni

Jharkhand HC7 Nov 2025Tr.Pet.CVL/44/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial suit; Section 24 CPC transfer petition; Section 9 Hindu Marriage Act; restitution of conjugal rights; wife's convenience and inability to travel; two minor children; non-payment of maintenance; Complaint Case No.5367 of 2022 (498A, 323, 406/34 IPC; Sections 3/4 D.P. Act); Original Maintenance Case No.103 of 2024 (Section 144 B.N.S.S.); Original Suit No.271 of 2024 moved from Family Court, Ranchi to Family Court, Jamshedpur; Jharkhand High Court, 2025; Pradeep Kumar Srivastava, J.

What did the court decide?

Transfer of the proceeding of Original Suit No.271 of 2024 from the court of Additional Principal Judge-I, Family Court, Ranchi to the court of Principal Judge, Family Court, Jamshedpur. ¶24

Naina Kumari Barman @ Naina Kumari Vs Subodh Kumar… — Maintenance and Alimony | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Transfer of the proceeding of Original Suit No.271 of 2024 from the court of Additional Principal Judge-I, Family Court, Ranchi to the court of Principal Judge, Family Court, Jamshedpur.

¶24

Issue for consideration

Whether the transfer petition filed under section 24 of the Code of Civil Procedure for transfer of Original Suit No.271 of 2024 from the court of Additional Principal Judge-I, Family Court, Ranchi to the court of Principal Judge, Family Court, Jamshedpur should be allowed.

¶13

Court's answer

In view of the facts and circumstances and the inability of the petitioner to contest the matrimonial suit at Ranchi by appearing on each and every date, the court felt inclined, in the ends of justice, to allow the petitioner's prayer.

¶22

Ratio / Principle

The proceeding of Original Suit No.271 of 2024, pending before the court of Additional Principal Judge-I, Family Court, Ranchi, is hereby transferred to the court of Principal Judge, Family Court, Jamshedpur.

¶23

Key takeaways

The present transfer petition is allowed.ratio¶24

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi — Transfer Petition (Civil) No. 44 of 2025 (decided 07/11/2025; Pradeep Kumar Srivastava, J.): Allowed a wife's transfer petition under section 24 of the Code of Civil Procedure seeking transfer of her husband's Original Suit No.271 of 2024 (suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act) from the court of Additional Principal Judge-I, Family Court, Ranchi to the court of Principal Judge, Family Court, Jamshedpur, on the ground of her inability to contest the matrimonial suit at Ranchi by appearing on each and every date; the petitioner has two minor children, receives no maintenance from the husband, and related proceedings (Complaint Case No.5367 of 2022 under sections 498A, 323, 406/34 IPC and Sections 3/4 D.P. Act, and Original Maintenance Case No.103 of 2024 under section 144 B.N.S.S.) are pending at Jamshedpur.

¶1

( 2025:JHHC:33349 )

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

Transfer Petition (Civil) No. 44 of 2025

¶4

---------

¶5

Naina Kumari Barman @ Naina Kumari, aged about 34 years, wife of Subodh Kumar Soni and daughter of Vijay Kumar Barman, Resident of Church Road, Parsudih, P.O.-Tatanagar, P.S.-Parsudih, Town-Jamshedpur, District-Purbi Singhbhum … … Petitioner

¶6

Versus

¶7

Subodh Kumar Soni, Son of Ram Prasad Soni, resident of 3D Vrindavan Vatika, Pushpa Vihar, Harihar Singh Road, Morabadi, P.O. & P.S.-Bariyatu, District-Ranchi …. Opp. Party

¶8

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

¶9

----------

¶10

For the Petitioner : Mr. Vikas Kumar, Advocate For the Opp. Party : Mr. Parambir Singh Bajaj, Advocate -----------

¶11

06/Dated: 07^th November, 2025

¶12

Heard learned counsel for the parties.

¶13

Learned counsel for the petitioner has submitted that the present transfer petition has been filed under section 24 of the Code of Civil Procedure for transfer of Original Suit No.271 of 2024 from the court of learned Additional Principal Judge-I, Family Court, Ranchi to the court of learned Principal Judge, Family Court, Jamshedpur.

¶14

The Original Suit No.271 of 2024 has been filed by the opposite party (husband) against the present petitioner (wife) for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act.

¶15

Learned counsel for the petitioner has submitted that the marriage of the petitioner was solemnized with the opposite party on 30.11.2019 in accordance with Hindu Rites and Customs and they are blessed with two children. After marriage, the petitioner started living at her matrimonial home, where she was taunted at the hands of the opposite party and his other

¶16

( 2025:JHHC:33349 )

¶17

family members for not bringing with much valuable jewellery and other items. It is further submitted that the petitioner was also tortured and assaulted upon her objection of the illicit relationship between the opposite party and his sister-in-law. Thereafter, she filed a case being Complaint Case No.5367 of 2022 against the opposite party for the offence under sections 498A, 323,406/34 of IPC and Sections 3/4 of D.P. Act and also filed Original Maintenance Case No.103 of 2024 under section 144 of B.N.S.S. before the court of Principal Judge, Family Court, Jamshedpur, which is pending for adjudication.

¶18

It is further submitted that petitioner has two minor children and she is not getting a single penny from the opposite party (husband) for maintenance of herself and her children. It is quite impossible to contest the case filed by the opposite party (husband) by appearing the court of Ranchi on each and every date.

¶19

On the other hand, learned counsel for the opposite party has vehemently opposed the prayer of the petitioner made in this petition and submitted that it is the second round litigation between the parties as the earlier Original Suit No.579 of 2022 and Original Suit No.281 of 2022 were disposed of in the light of meditation, but due to non-tolerance behavior of the petitioner(wife), a bitter relationship again developed and she filed a complaint case against the opposite party behind his back. Hence, the prayer for transfer of the Original Suit No.271 of 2024 may not be transferred from Ranchi to Jamshedpur.

¶20

¶21

( 2025:JHHC:33349 )

¶22

In view of the aforesaid facts and circumstances of the case and the inability of the petitioner to contest the matrimonial suit at Ranchi by appearing on each and every date, I feel inclined, in the ends of justice, to allow the prayer of the petitioner.

¶23

Accordingly, the proceeding of Original Suit No.271 of 2024, pending before the court of learned Additional Principal Judge-I, Family Court, Ranchi is hereby transferred to the court of learned Principal Judge, Family Court, Jamshedpur.

¶24

Accordingly, the present transfer petition is allowed.

¶25

(Pradeep Kumar Srivastava, J.)

¶26

07/11/2025

¶27

Pappu /-

¶28

Naina Kumari Barman @ Naina Kumari v. Subodh Kumar Soni

Case brief

What is this about?

What did the court decide?

Naina Kumari Barman @ Naina Kumari v. Subodh Kumar Soni

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

Most. Kaushiya Devi Vs Sohrai Kumhar

MD Shahadat Hussain Vs Mohiuddin Mian

Bhanumati Jain Vs Premlata Gupta

In The Matter Of Sessions Trial No 203 Of 1995 Sardana Ghagra Alias Sardar Ghagra Vs

Puja Kumari Alias Pooja Kumari Gupta Vs Subesh Kumar

Mithilesh Kumar Prasad Vs Akhileshwar Prasad