Allowed¶22

Jai Shree Kumari v. Vijay Oraon @ Vijay Tirkey

Jharkhand HC14 Nov 2025Tr.Pet.CVL/97/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Transfer Petition (Civil) No. 97 of 2024; S.24 CPC transfer of matrimonial suit; S.7 Family Courts Act 1987 dissolution of marriage; wife's convenience; tribal marriage (Oraon rites, 2014); husband in Armed Forces; cruelty and ouster allegations; Kairo P.S. Case No.12 of 2022 (Ss.323, 341, 498-A, 34 IPC; Ss.3/4 D.P. Act); maintenance OMC No.25 of 2021, Rs.12,000/- per month uncomplied; no independent income; transfer from Family Court Gumla to Family Court Lohardaga; petition allowed; Coram: Pradeep Kumar Srivastava, J.; decided 14.11.2025.

What did the court decide?

Transfer of the proceeding of Original Suit No.16 of 2024 from the court of the learned Principal Judge, Family Court, Gumla to the court of the learned Principal Judge, Family Court, Lohardaga. ¶22

Jai Shree Kumari Vs Vijay Oraon @ Vijay Tirkey — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of the proceeding of Original Suit No.16 of 2024 from the court of the learned Principal Judge, Family Court, Gumla to the court of the learned Principal Judge, Family Court, Lohardaga.

¶22

Issue for consideration

Whether the proceeding of Original Suit No.16 of 2024 (dissolution of marriage suit filed by the husband) pending before the Principal Judge, Family Court, Gumla should be transferred to the Principal Judge, Family Court, Lohardaga under section 24 of the Code of Civil Procedure on the petitioner-wife's grounds of hardship and inability to attend the Gumla court.

¶12

Court's answer

The proceeding of Original Suit No.16 of 2024, pending before the court of the learned Principal Judge, Family Court, Gumla, is transferred to the court of the learned Principal Judge, Family Court, Lohardaga, and the transfer petition is allowed.

¶21

Ratio / Principle

The petitioner, being a woman with no independent source of income who resides at her parental home and is unable to attend the court at Gumla on each and every date because the maintenance amount awarded to her is not being paid, the prayer for transfer is allowed in the ends of justice.

¶20

Detailed headnote1 paragraphs

Transfer Petition (Civil) No. 97 of 2024 under section 24 of the Code of Civil Procedure — petition by wife (Jaishree Kumari) seeking transfer of Original Suit No.16 of 2024, a dissolution-of-marriage suit filed by the husband under section 7 of the Family Courts Act, 1987, from the Principal Judge, Family Court, Gumla to the Principal Judge, Family Court, Lohardaga — parties belong to a tribal community, married in 2014 per Oraon rites; husband served in the Armed Forces; petitioner alleges cruelty and ouster, residing at her parental home since 2021 — she has instituted Kairo P.S. Case No.12 of 2022 under Sections 323, 341, 498-A and 34 IPC and Sections 3/4 of D.P. Act against the husband and his family, and obtained a maintenance order of Rs.12,000/- per month in OMC No.25 of 2021 (decided 05.09.2022) which remains uncomplied — court finds the petitioner is a woman with no independent source of income, dependent on her parents, and unable to attend the Gumla court on each date — held: in the ends of justice, transfer petition allowed; proceeding of Original Suit No.16 of 2024 transferred from Family Court, Gumla to Family Court, Lohardaga.

¶1

( 2025:JHHC:34063 )

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

Transfer Petition (Civil) No. 97 of 2024

¶4

---------

¶5

Jaishree Kumari, aged about 38 years, wife of Vijay Oraon, Residing at Village-Pachagai, P.O.-Nagjua, P.S.-Kairo, District-Lohardaga, Jharkhand PIN-835325 … … Petitioner

¶6

Versus

¶7

Vijay Oraon @ Vijay Tirkey, aged about 36 years, son of Kamlesh Oraon, Resident of Village Anjan, P.O.-Anjan, P.S.-Gumla, District-Gumla, Jharkhand …. Opp. Party

¶8

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

¶9

---------- For the Petitioner : Mr. Rajiv Ranjan, Advocate For the Opp. Party : Mr. Vishal Srivastava, Advocate Mr. Mohit Prakash, Advocate -----------

¶10

13/Dated: 14^th November, 2025

¶11

Heard learned counsel for the parties.

¶12

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.16 of 2024 from the court of learned Principal Judge, Family Court, Gumla to the court of learned Principal Judge, Family Court, Lohardaga.

¶13

The Original Suit No.16 of 2024 has been filed by the opposite party (husband) against the present petitioner (wife) for dissolution of marriage under section 7 of the Family Courts Act, 1987.

¶14

Learned counsel for the petitioner has submitted that the petitioner and the opposite party belong to a tribal community and their marriage was solemnized in the year 2014 in accordance with Oraon Rites and Customs. It is further submitted that the opposite party (husband) was serving in the Armed Forces and the petitioner was compelled to reside at the matrimonial home, where she was subjected to cruelty and ultimately she was ousted

¶15

( 2025:JHHC:34063 )

¶16

from matrimonial home and since 2021, she has been residing at her parental home, where she has instituted a case being Kairo P.S. Case No.12 of 2022 for the offences under Sections 323, 341, 498-A and 34 of Indian Penal Code and Sections 3/4 of D.P. Act against her husband (opposite party) and his family members. The petitioner has also filed a case for maintenance being OMC No.25 of 2021 before the learned Principal Judge, Family Court, Lohardaga, which was decided on 05.09.2022 directing the opposite party to pay maintenance allowance of Rs.12,000/- per month to the petitioner but the aforesaid order has not been complied by the opposite party due to which the petitioner is facing financial crisis and could not attend the court at Gumla on each and every date. Therefore, Original Suit No.16 of 2024 may be transferred from the learned Principal Judge, Family Court, Gumla to learned Principal Judge, Family Court, Lohardaga so that petitioner could participate in the proceeding.

¶17

On the other hand, learned counsel for the opposite party has vehemently opposed the aforesaid contentions raised on behalf of the petitioner and submitted that due to pendency of the criminal cases, the opposite party was terminated from his job and he is also facing financial crisis, therefore, it is inconvenient for the opposite party to prosecute the case at Lohardaga. Hence, the prayer for transferring Original Suit No.16 of 2024 from the court of Gumla to the court of Lohardaga may not be allowed, dismissing this petition.

¶18

¶19

( 2025:JHHC:34063 )

¶20

On consideration of the above contentions raised by the parties, it appears that the petitioner is a woman and she has no independent source of income and is residing at her parental home upon the mercy of her parents. Since, she has instituted a maintenance case, which has been disposed of directing the opposite party to pay the amount of Rs.12,000/- per month to the petitioner as a maintenance but the said order is also not being complied by the petitioner, hence, she is unable to attend the court at Gumla on each and every date. Therefore, I feel inclined, in the ends of justice, to allow the prayer of the petitioner.

¶21

Accordingly, the proceeding of Original Suit No.16 of 2024, pending before the court of learned Principal Judge, Family Court, Gumla is hereby transferred to the court of learned Principal Judge, Family Court, Lohardaga.

¶22

Accordingly, the present transfer petition is allowed .

¶23

(Pradeep Kumar Srivastava, J.)

¶24

14/11/2025 Pappu /- Uploaded:-17/11/2025

¶25

Jai Shree Kumari v. Vijay Oraon @ Vijay Tirkey

Case brief

What is this about?

What did the court decide?

Jai Shree Kumari v. Vijay Oraon @ Vijay Tirkey

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

Sunil Kumar Verma Vs the State of Jharkhand

Khushi Kumari Vs Vishwajeet Prasad Bhagat

MD Firdos Ansari Vs Firdous Akhtar

Sadaf Eqbal Vs MD Maksud @ Md. Maksud Ansari

Vikash Sao Alias Vikash Kumar Vs the State of Jharkhand

Ranju Kumari Vs Krishna Kumar Prasad