Allowed¶6

Ranju Kumari v. Krishna Kumar Prasad

Jharkhand HC27 Nov 2025Tr.Pet.CVL/65/2025

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Transfer Petition (Civil) No.65 of 2025; decided 27.11.2025 by Pradeep Kumar Srivastava, J.; transfer of matrimonial/divorce suit under Section 13(1)(ia) Hindu Marriage Act, 1955 via Section 24 Code of Civil Procedure; wife's convenience and comparative hardship; Original Suit No.1136 of 2024 moved from Family Court Dhanbad to Family Court Bokaro; petitioner Ranju Kumari vs opposite party Krishna Kumar Prasad; petition allowed.

What did the court decide?

Transfer of the proceedings of Original Suit No.1136 of 2024 from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro; the transfer petition stands disposed of. ¶6

Ranju Kumari Vs Krishna Kumar Prasad — Matrimonial and Divorce | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce suit (Original Suit No.1136 of 2024 under Section 13(1)(ia) of the Hindu Marriage Act, 1955) instituted by the husband and pending before the Court of Principal Judge, Family Court, Dhanbad should be transferred to the Court of Principal Judge, Family Court, Bokaro in the ends of justice, considering the comparative convenience and hardship of the parties.

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Court's answer

Considering the rival contentions and rival convenience of the parties in prosecuting the suit, the comparative hardship leans in favour of the petitioner (wife), who works as a Headmaster in Gopalganj (Bihar), bears the cost of education of two children and the cost of litigation lodged at the instance of her husband; it would also not be inconvenient to the husband, who works in a private company in Kolkata and was residing at Dhanbad at the time of institution of the suit, to appear before the Family Court, Bokaro.

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Ratio / Principle

In view of the circumstances and considering the convenience of both the parties, the transfer petition is allowed, and the proceedings of Original Suit No.1136 of 2024 pending before the Court of Principal Judge, Family Court, Dhanbad stand transferred to the Court of Principal Judge, Family Court, Bokaro.

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Detailed headnote1 paragraphs

Transfer Petition (Civil) No.65 of 2025 (Jharkhand HC, 27.11.2025, Pradeep Kumar Srivastava, J.) — Wife-petitioner sought transfer, under Section 24 CPC, of the divorce suit (Original Suit No.1136 of 2024, Section 13(1)(ia), Hindu Marriage Act, 1955) filed by her husband, from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro. Petitioner, a working lady posted as Headmaster in Gopalganj (Bihar), contended she maintains her children out of her own income without maintenance from the husband and bears litigation costs, and could more conveniently contest at Bokaro where her parental home lies. Opposite party contended one daughter studies at Chandigarh and the minor son resides with the mother at Gopalganj, so no transfer was needed. Weighing the rival convenience, the Court found the comparative hardship leans in favour of the wife, and that the husband, employed in a private company in Kolkata and resident of Dhanbad when the suit was instituted, would not be inconvenienced by contesting at Bokaro. Transfer petition allowed; suit transferred from Family Court, Dhanbad to Family Court, Bokaro.

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2025:JHHC:35427

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No.65 of 2025

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Ranju Kumari, aged about 48 years, wife of Mr. Krishna Kumar Prasad, Daughter of Shanti Rajak, resident of Sai Baba Apartment Plot no 2, 1^st Floor, Chira Chas, P.O. & P.S. Chas, District Bokaro, Jharkhand, P/a-Khajuria, P.O. – Khajuria, P.S. – Sidhwalia, Dist.Gopal Ganj, Bihar.

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… Petitioner

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Versus

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Krishna Kumar Prasad, son of Late Viswanath Prasad, resident of BG 175 Ground Floor, Jova Khana, P.O., P.S. Babuiar & District 24 Pargana, Jharkhand, P/a-Qno-G-1, 67(A), area-4, P.O-Maithan Dam, P.S.- Chirkunda, District-Dhanbad.

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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. Brij Bihari Sinha, Adv. For the Opposite Party : Md. Sajid Yunus, Adv. Mr. Vikesh Kr. Pandey, Adv.

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Order No.06/Dated- 27.11.2025

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1. Heard learned counsel for the parties.

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2. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No.1136 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, Dhanbad to the Court of Principal Judge, Family Court, Bokaro.

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3. It has been submitted by learned counsel for the petitioner that although the petitioner is a working lady and posted as a Headmaster in N.P.S. School in Gopalganj (Bihar) but her parental house is situated in District Bokaro and she used to come at her parental home to look after his mother, father and the children. The case filed by her husband under Section 13(1)(ia) of the Hindu Marriage Act may be more conveniently

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contested by the petitioner in the Family Court, Bokaro without any extra expenses incurring to her. She is not being provided any maintenance or any other financial support from her husband and has to maintain her children out of her own income and also to litigation cost lodged at the instance of her husband. The petitioner has not instituted any case against her husband. Therefore, in the ends of justice, the divorce case instituted by the opposite party against the petitioner may kindly be transferred to the Court of Principal Judge, Family Court, Bokaro.

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Learned counsel for the opposite party/husband has vehemently opposed the aforesaid contentions and submitted that one daughter of the parties resides at Chandigarh in pursuing her studies and another son about three years' old is residing with her mother at Gopalganj. Therefore, there is no necessity to make the transfer of the case at the parental home of the petitioner where no one reside and this petition is fit to be dismissed.

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5. Considering the rival contentions of the parties and the rival convenience of the parties in prosecuting the suit, the comparative hardship leans in favour of the petitioner (wife) who works at another State of Bihar (Gopalganj) as a Headmaster and also bearing the cost of education of two children and she has also to manage the cost of litigation lodged at the instance of her husband who is also working in a private company in Kolkata. At the time of institution of the suit, he was residing at Dhanbad. Therefore, it would also not be inconvenient to the opposite party (husband) to appear before the Family Court of Bokaro for prosecuting his case.

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6. In view of the circumstances and considering the convenience of both the parties, the transfer petition is allowed. Accordingly, the proceedings of Original Suit No.1136 of 2024 pending before

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the Court of Principal Judge, Family Court, Dhanbad is hereby transferred to the Court of Principal Judge, Family Court, Bokaro.

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7. The present transfer petition stands disposed of.

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(Pradeep Kumar Srivastava, J.)

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Dated: 27^th November, 2025 Sachin/