Allowed¶17

Sapna Kumari @ Sapna Rawat v. Abhinash Kumar

Jharkhand HC18 Jul 2025Tr.Pet.CVL/67/2025

Case brief

AI extract

What is this about?

Wife's transfer petition under Section 24 CPC allowed by Jharkhand High Court, Ranchi (Pradeep Kumar Srivastava, J., order dated 18.07.2025); husband's matrimonial suit under Sections 13(1a), (1b) of the Hindu Marriage Act, 1955 (Original (Matrimonial) Suit No.18 of 2025) transferred from Family Court, Ranchi to Family Court, Chatra; grounds: distance of 150 K.M. from wife's residence, threat of dire consequences, inability to bear travel, food and attendance expenses; opposite party's objection rejected; no costs, no case law cited, no monetary reliefs.

What did the court decide?

Transfer of Original (Matrimonial) Suit No.18 of 2025 from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Chatra; transfer petition disposed of. ¶17

Sapna Kumari @ Sapna Rawat Vs Abhinash Kumar — Matrimonial and Divorce | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Transfer of Original (Matrimonial) Suit No.18 of 2025 from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Chatra; transfer petition disposed of.

¶17

Issue for consideration

Whether Original (Matrimonial) Suit No.18 of 2025 pending before the Court of Principal Judge, Family Court, Ranchi should be transferred to the Court of Principal Judge, Family Court, Chatra on the grounds of distance (150 K.M.), threat of dire consequences, and the petitioner-wife's inability to meet travel, food and attendance expenses.

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Court's answer

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

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Ratio / Principle

The proceedings of Original (Matrimonial) Suit No.18 of 2025 pending before the Court of Principal Judge, Family Court, Ranchi stand transferred to the Court of Principal Judge, Family Court, Chatra.

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Key takeaways

The transfer petition stands disposed of.ratio¶18

Detailed headnote1 paragraphs

Transfer Petition (C) No.67 of 2025 decided on 18.07.2025 by the High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.) — Petition under Section 24 of the Code of Civil Procedure by the wife seeking transfer of Original (Matrimonial) Suit No.18 of 2025, filed by the husband under Sections 13(1a), (1b) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Chatra — Grounds: District Ranchi situated 150 K.M. from the petitioner's residence at Chatra; threat of dire consequences by the husband; inability to meet essential expenses of travel, food and attendance — Opposite party opposed the prayer — Held: considering the overall aspects of the case, prayer allowed in the ends of justice; proceedings transferred to Family Court, Chatra; transfer petition disposed of (Paras 5–7).

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2025:JHHC:19793

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.67 of 2025

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Sapna Rawat, aged about 26 years, wife of Abhinash Kumar, daughter of Jairaj Kumar, resident of Diwankhana, Gola Road, Chatra P.O. & P.S. Chatra, District – Chatra (Jharkhand).

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Versus

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Abhinash Kumar, aged about 34 years, Son of Shyam Narayan Dayal, resident of Kunjlal Street, Uppar Bazar, P.O. GPO, P.S. Kotwali, District – Ranchi (Jharkhand) 834001.

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Ankit Apurva, Adv. For the Opposite Party : Ms. Kabisha Goenka, Adv.

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Order No.08/Dated- 18.07.2025

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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 (Matrimonial) Suit No.18 of 2025, filed by the husband (opposite party) against the present petitioner (wife) under Sections 13(1a), (1b) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Chatra.

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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 21.11.2021. The petitioner/wife was subjected to harsh cruelty and harassment by her husband/opposite party and other in-laws for the demand of dowry. The husband was time and again being provoked by the mother-in-law and sister-in-law, upon which the petitioner was being subjected to assault by her husband and she was driven away from her matrimonial home several occasions after committing assault upon her. It is further submitted that no case has been filed for maintenance rather the husband has filed the above Original (Matrimonial) Suit No.18 of 2025 before the Court of Principal Judge, Family Court,

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2025:JHHC:19793

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Ranchi under Section 13(1a), (1b) of the Hindu Marriage Act, 1955. The District Ranchi is situated at a distance of 150 K.M. from the residential house of the petitioner at Chatra. Due to threat of dire consequences by the husband/opposite party, she could not contest the suit at Ranchi and 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, Ranchi, therefore, it is prayed that the said Original (Matrimonial) Suit No.18 of 2025 may be transferred from the Court of Principal Judge, Family Court, Ranchi to the Court of Principal Judge, Family Court, Chatra.

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4. Learned counsel for the opposite party/husband has opposed the above prayer.

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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.

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6. Accordingly, the proceedings of Original (Matrimonial) Suit No.18 of 2025 pending before the Court of Principal Judge, Family Court, Ranchi is hereby transferred to the Court of Principal Judge, Family Court, Chatra.

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7. The present transfer petition stands disposed of.

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(Pradeep Kumar Srivastava, J.)

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Sachin

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Sapna Kumari @ Sapna Rawat v. Abhinash Kumar

Case brief

What is this about?

What did the court decide?

Sapna Kumari @ Sapna Rawat v. Abhinash 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

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