Allowed¶19

Priya Kumari v. Manoj Keshri

Jharkhand HC2 Jul 2025Tr.Pet.CVL/92/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi — Transfer Petition (C) No.92 of 2024, decided 02.07.2025 by Justice Pradeep Kumar Srivastava. Section 24 CPC transfer, at the wife's instance, of the husband's Section 9 Hindu Marriage Act, 1955 restitution-of-conjugal-rights suit (Matrimonial Title Suit No.197 of 2023) from Family Court, Ramgarh to Family Court, Koderma; grounds: about 150 km distance, absence of financial support, unpaid Rs.4000/- per month maintenance under Section 125 CrPC; husband absent and no counter affidavit filed; transfer allowed and petition disposed of.

What did the court decide?

Prayer of the petitioner allowed; proceedings of Matrimonial Title Suit No.197 of 2023 transferred from the Court of Principal Judge, Family Court, Ramgarh to the Court of Principal Judge, Family Court, Koderma; transfer petition disposed of. ¶19

Priya Kumari Vs Manoj Keshri — Maintenance and Alimony | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the proceedings of Matrimonial Title Suit No.197 of 2023, filed by the husband (opposite party) against the petitioner (wife) for restitution of conjugal rights, pending before the Court of Principal Judge, Family Court, Ramgarh, should be transferred to the Court of Principal Judge, Family Court, Koderma.

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Court's answer

Considering the overall aspects of the case and the submissions made on behalf of the petitioner, the learned Single Judge felt inclined, in the ends of justice, to allow the petitioner's prayer for transfer.

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Ratio / Principle

The proceedings of Matrimonial Title Suit No.197 of 2023 pending before the Court of Principal Judge, Family Court, Ramgarh are transferred to the Court of Principal Judge, Family Court, Koderma, and the transfer petition stands disposed of.

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Detailed headnote1 paragraphs

Transfer Petition (C) No.92 of 2024 (under Section 24, Code of Civil Procedure), decided 02.07.2025 by Pradeep Kumar Srivastava, J.: Wife-petitioner (married 15.07.2021) sought transfer of Matrimonial Title Suit No.197 of 2023 — instituted by the husband for restitution of conjugal rights under Section 9, Hindu Marriage Act, 1955 — from the Court of Principal Judge, Family Court, Ramgarh to the Court of Principal Judge, Family Court, Koderma. Grounds urged: alleged additional dowry demand and torture leading to expulsion and lodging of Complaint Case No.526 of 2022; maintenance allowed under Section 125 CrPC (Original Maintenance Case No.06 of 2023) at Rs.4000/- per month but unpaid; Ramgarh Court about 150 k.m. away and petitioner contesting the suit without financial support. The opposite party neither appeared nor filed a counter affidavit despite time taken on two occasions. Considering the overall aspects and the petitioner's submissions, the Court allowed the prayer, transferred the proceedings to Family Court, Koderma, and disposed of the petition.

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2025:JHHC:17500

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.92 of 2024

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Priya Kumari, aged about 26 years, daughter of Late Narayan Prasad Keshri, resident of Village Station Road, Jhumri Tiliya, P.O. Jhumri Tiliya, P.S. Tiliya, District Koderma, Jharkhand.

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… Petitioner

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Versus

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Manoj Keshri, aged about 31 years, son of Narayan Saw, resident of Bangali Tola, Ramgarh, P.O. Ramgarh, P.S. Ramgarh, District Ramgarh.

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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. Sajid Yunus, Adv. Mr. Deepak Kumar, Adv. For the Opposite Party : None

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Order No.07/Dated- 02.07.2025

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1. Learned counsel for the petitioner is present. But none appears on behalf of the opposite party/husband. The opposite party has also not filed any counter affidavit, in spite of time taken on two occasions.

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2. Heard learned counsel for the petitioner.

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3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Title Suit No.197 of 2023, filed by the husband (opposite party) against the present petitioner (wife) for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Ramgarh to the Court of Principal Judge, Family Court, Koderma.

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4. Learned counsel for the petitioner has submitted that the petitioner was married with the opposite party/husband on 15.07.2021 according to Hindu rites and customs. Just after few months of marriage due to additional demand of dowry and consequent torture mentally and physically meted with the petitioner, she was driven out from her matrimonial home and she lodged a Complaint Case No.526 of 2022 against her husband. She has also filed a maintenance case bearing Original Maintenance Case No.06 of 2023 against her husband under

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2025:JHHC:17500

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Section 125 of the Code of Criminal Procedure which was allowed and opposite party husband was directed to pay monthly allowance of Rs.4000/- per month to the petitioner. But still not a single penny has been paid by opposite party/husband to the petitioner. It is quite impracticable for the petitioner to attend the Ramgarh Court which is at a distance of about 150 k.m. away from Koderma Court and to contest the said suit even without any financial support provided by her husband, therefore, in the ends of justice, the suit for restitution of conjugal rights filed by the opposite party (husband) pending in the Court of Principal Judge, Family Court Ramgarh, may be transferred to the Principal Judge, Family Court, Koderma.

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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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6. Accordingly, the proceedings of Matrimonial Title Suit No.197 of 2023 pending before the Court of Principal Judge, Family Court, Ramgarh is hereby transferred to the Court of Principal Judge, Family Court, Koderma.

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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

Priya Kumari v. Manoj Keshri

Case brief

What is this about?

What did the court decide?

Priya Kumari v. Manoj Keshri

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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