Ritu Kumari Vs Rajesh Prasad Bhagat

2026:JHHC:10072

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Tr. Petition (Civil) No.101 of 2025

Ritu Kumari, Age 30 years, W/o Rajesh Prasad Bhagat, D/o Yamuna Sahu, R/o Village-Nehalukapariya, P.O. Nehalukapariya & P.S. Bero, District-Ranchi, Jharkhand, having UID No.485540440427, Mob. No.90162982003 …… Petitioner

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Versus

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Rajesh Prasad Bhagat, Age-40 Years, S/o Late Bhuvneshwar Prasad Bhagat, R/o Village+P.O + P.S-Murhu, Near Petrol Pump, Goddatoli, Murhu, Dist-Khunti, Jharkhand. ……. Opp. Party

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--------CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Ankit Apurva, Advocate : Mr. Prakash Jha, Advocate For the Opp. Party : Mr. Nikhil Ranjan, Advocate ----------- 06/Dated:08^st April, 2026

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

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Heard Mr. Ankit Apurva, learned counsel for the petitioner and Mr. Nikhil Ranjan, learned counsel for the opposite party.

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This Transfer Petition (Civil) No.101 of 2025 has been filed on behalf of the petitioner-wife for transfer of Matrimonial Case No.21 of 2025, pending before the learned Principle Judge, Family Court, Khunti to the Court of learned Principle Judge, Family Court, Ranchi.

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Learned counsel for the petitioner submitted that the petitioner is the wife and she is residing at Berro, Ranchi and she has to travel from Ranchi to Khunti for attending the Court proceeding which is far away. It is submitted that even the petitioner has filed Original Maintenance Case No.08 of 2025 which was pending before the learned Principal Judge, Family Court, Ranchi but it has stood dismissed, however, petition has been filed for restoration of said Original Maintenance Case No.08 of 2025 before learned Principal Judge, Family Court, Ranchi. Hence, in the interest of justice and considering the hardships, the Matrimonial Case No.21 of 2025 may be

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2026:JHHC:10072

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transferred from learned Principal Judge, Family Court, Khunti to the Court of learned Principal Judge, Family Court, Ranchi.

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On the other hand, learned counsel for the opposite party has opposed the prayer of the writ petitioner and submitted that this Transfer Petition is devoid of merit. It is submitted that the opposite party has filed Matrimonial Case No.21 of 2025 under section 13(1) (i-a) of the Hindu Marriage Act for dissolution of marriage on various facts including the ground of adultery. It is submitted that it will be equal distance for the petitioner to travel to the Court of learned Principal Judge, Family Court, Khunti or before the learned Principal Judge, Family Court, Ranchi and the distance will be approx 54 kilometer from the residence of the petitioner. It is submitted that the Original Maintenance Case No.08 of 2025 has been dismissed for default and the same has not been restored till date. It is submitted that the opposite party should not suffer from the laches on the part of the petitioner and hence this Transfer Petition may be dismissed.

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Having heard learned counsel for the parties and on going through the records, it appears that the opposite party-husband has filed Matrimonial Case No.21 of 2025 for dissolution of marriage under section 13(1) (i-a) of the Hindu Marriage Act, before the learned Principal Judge, Family Court, Khunti, whereas the wife-petitioner has also filed Original Maintenance Case No.08 of 2025 before the learned Principal Judge, Family Court, Ranchi which stood dismissed for default but steps is being taken to restore the same. 6. Although it also appears that the distance for travelling to Ranchi or Khunti is same for the petitioner but considering the fact that the Original Maintenance Case No.08 of 2025 has been filed before the learned Principal Judge, Family Court, Ranchi and hence, it will be desirable that Matrimonial Case No.21 of

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2026:JHHC:10072

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2025 which is pending before the learned Principal Judge, Family Court, Khunti can be tried together, so that there may be a proper decision and the Trial Court will be conscious of the case of both the sides.

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Accordingly, the prayer for transfer of Matrimonial Case No.21 of 2025 from the Court of learned Principle Judge, Family Court, Khunti to the Court of learned Principle Judge, Family Court, Ranchi is allowed.

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The learned Principal Judge, Family Court, Khunti is directed to transmit the records of Matrimonial Case No.21 of 2025 to the Court of learned Principle Judge, Family Court, Ranchi.

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Thus, Tr. Petition (Civil) No.101 of 2025 is hereby, allowed and stands disposed of.

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However, it will be desirable that learned Trial Court, i.e. Principal Judge, Family Court, Ranchi may hear both the cases on the same day, so that it may be convenient for both the parties.

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Let a copy of this order be sent to the learned Principal Judge, Family Court, Ranchi and learned Principle Judge, Family Court, Khunti by the office at once.

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(Sanjay Prasad, J.)

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Dated: 08.04.2026 Saket/-

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Ritu Kumari v. Rajesh Prasad Bhagat

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Ritu Kumari v. Rajesh Prasad Bhagat

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