Allowed¶24

Pratibha Kumari v. Rohit Kumar Sinha

Jharkhand HC29 Jan 2026Tr.Pet.CVL/100/2025

Case brief

AI extract

What is this about?

High Court of Jharkhand, Ranchi — Transfer Petition (Civil) No. 100 of 2025 under Section 24 CPC; transfer of O.S. No. 428 of 2025 (application under Sections 7 and 17, Guardianship and Wards Act) from Additional Family Court-I, Jamshedpur to Family Court, Ranchi; grounds: petitioner-wife's chronic kidney disease, treatment at C.M.C. Vellore and Mohali, ouster from matrimonial home, parents' limited means, inability to travel; opposite party-husband raised no objection to transfer of records; petition allowed on 29-01-2026 by Justice Pradeep Kumar Srivastava.

What did the court decide?

Transfer of the records of O.S. No. 428 of 2025 from the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of Learned Principal Judge, Family Court, Ranchi. ¶24

Pratibha Kumari Vs Rohit Kumar Sinha — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether O.S. No. 428 of 2025, pending before the learned Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur, should be transferred to the court of the learned Principal Judge, Family Court, Ranchi.

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Court's answer

Considering the submissions of learned counsel for the parties and the factual aspects of the case, the court was inclined to transfer the records of O.S. No. 428 of 2025, pending in the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur, to the court of Learned Principal Judge, Family Court, Ranchi.

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Ratio / Principle

Accordingly, the present transfer petition (civil) was allowed.

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Detailed headnote1 paragraphs

Transfer Petition (Civil) No. 100 of 2025, filed under Section 24 of the Code of Civil Procedure by Pratibha Kumari (wife), sought transfer of O.S. No. 428 of 2025 — an application filed by her husband Rohit Kumar Sinha under Sections 7 and 17 of the Guardianship and Wards Act, pending before the learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur — to the court of the learned Principal Judge, Family Court, Ranchi. Grounds urged: the petitioner suffers from chronic kidney disease and is undergoing treatment at C.M.C., Vellore and the Indian Institute of Nuclear Medicine and Scanning, Mohali, Chandigarh; she was allegedly ousted from the matrimonial home due to her illness; she resides with her parents in Ranchi who have no independent income beyond nominal pension, and her health does not permit travel from Ranchi to Jamshedpur for court dates. The opposite party opposed the contentions but raised no objection to the transfer of records. Holding the submissions and factual aspects sufficient, Justice Pradeep Kumar Srivastava ordered transfer of the suit to the Family Court, Ranchi and allowed the transfer petition (Order dated 29 January 2026).

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2026:JHHC:2617

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 100 of 2025

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Pratibha Kumari, aged about 38 years, wife of Shri Rohit Kumar Sinha, resident of C/o Sita Devi, Qr. No. DT 2057, H.E.C. Colony, Tanki Side, P.O. – Dhurwa, P.S. – Dhurwa, District – Ranchi.

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….. Petitioner

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Versus

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Rohit Kumar Sinha, son of Ashok Kumar Sinha, resident of Bhatiya Basti, Kadma, P.O. & P.S. – Kadma, Town Jamshedpur, District – East Singhbhum.

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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. Vikesh Kumar, Advocate. For the Opp. Party : Mr. Rohit Ranjan Singh, Advocate. --------- Order No. 07/Dated: 29^th January, 2026

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Heard learned counsel for the parties.

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The instant transfer petition (civil) has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit No. 428 of 2025 from the Court of learned Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of learned Principal Judge, Family Court, Ranchi.

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The factual matrix giving rise to this case is that the opposite party (husband) filed an application under Section 7 and 17 of the Guardianship and Wards Act against the petitioner before the learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur, which was registered as O.S. No. 428 of 2025 stating inter alia that the marriage between petitioner and opposite party was duly solemnized on 13.02.2019 at Ranchi according to the Hindu rites and rituals and they were blessed with one daughter namely, Laxmi Kumar Sinha. It is alleged that the petitioner has left the matrimonial home and she is suffering from

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¶14

2026:JHHC:2617

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chronic kidney disease. In such situation, she is not in a position to maintain the daughter and the daughter will not be happy in living with the petitioner. On 30.08.2025, a summon has been issued by the learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur in O.S. No. 428 of 2025 against the petitioner asking her to appear on 25.09.2025.

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Learned counsel for the petitioner has submitted that petitioner is the wife of the opposite party. It is further submitted that the petitioner is suffering from Kidney problem and the treatment of the same is undergoing in C.M.C., Vellore and also in Indian Institute of Nuclear Medicine and Scanning at Mohali, Chandigarh. It is further submitted that the petitioner has been ousted from her matrimonial home by the opposite party due to her kidney problem and to avoid the medical expenses of the petitioner. It is submitted that efforts were made by the petitioner to live with the opposite party but the same were refused by the opposite party to take back until she is cured completely.

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It is further submitted that petitioner is residing with her parents in Ranchi, who have no independent source of income except nominal pension and in such financial crises due to expenses in medical treatment, the petitioner is not in a position to spend money in litigations, which is going before the Court at Jamshedpur and due to kidney problem, her weight is also getting down and her health does not permit her to travel from Ranchi to Jamshedpur to attend the dates in the Family Court, as such, if the case is transferred to any court of equal or superior jurisdiction in the district of Ranchi, it will be convenient for the petitioner.

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Learned counsel for the opposite party though has opposed the contentions raised by the learned counsel for the petitioner, but has raised no objection in transfer of records of the O.S. No. 428 of 2025,

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2026:JHHC:2617

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pending in the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of Learned Principal Judge, Family Court, Ranchi.

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I have heard learned counsel for both the sides.

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Considering the submissions of learned counsel for the parties and the factual aspects of the case, as discussed above, I am inclined to transfer the records of the O.S. No. 428 of 2025, pending in the Court of Learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur to the court of Learned Principal Judge, Family Court, Ranchi.

¶24

Accordingly, the present transfer petition (civil) is allowed .

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January 29, 2026 Sunil/ Uploaded on : 03.02.2026

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Pratibha Kumari v. Rohit Kumar Sinha

Case brief

What is this about?

What did the court decide?

Pratibha Kumari v. Rohit Kumar Sinha

Case brief

What is this about?

What did the court decide?

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What the court decided

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