Allowed¶23

Soni Kumari v. Gourang Kumar Mahto

Jharkhand HC4 Feb 2026Tr.Pet.CVL/103/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer of suit; convenience of wife-petitioner; matrimonial suit transfer Bokaro to Dhanbad Family Court; Hindu Marriage Act, 1955 Sections 12(1)(c), 12(1)(d) voidable marriage declaration; concurrent maintenance case O.M. No. 208 of 2025; complaint case No. 7729 of 2025 converted to FIR; Barora P.S. Case No. 14 of 2025; BNS 2023 Sections 115(2), 126(2), 109, 85, 3(5); Dowry Prohibition Act, 1961; affidavit unrebutted; deemed service of notice; opposite party non-appearance; husband's tent-and-decoration business; Jharkhand High Court at Ranchi; T.P.(Cvl) No. 103 of 2025; decided 04.02.2026; uploaded 05/02/2026.

What did the court decide?

Transfer of O.S. No. 02 of 2025 from the Court of the Principal Judge, Family Court, Bokaro to the Court of the Principal Judge, Family Court, Dhanbad. ¶23

Soni Kumari Vs Gourang Kumar Mahto — Dowry and Cruelty | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Transfer of O.S. No. 02 of 2025 from the Court of the Principal Judge, Family Court, Bokaro to the Court of the Principal Judge, Family Court, Dhanbad.

¶23

Issue for consideration

Whether O.S. No. 02 of 2025, filed by the opposite party-husband in the Family Court, Bokaro, should be transferred under Section 24 of the Code of Civil Procedure, 1908 to the Family Court, Dhanbad, given that the petitioner-wife resides at Dhanbad, is unable to frequently attend the Bokaro court, and her maintenance case and criminal case are already pending at Dhanbad, while the husband, having a tent-and-decoration business, would face no inconvenience attending Dhanbad.

¶20

Court's answer

Considering the facts and circumstances, the Court found it expedient for the ends of justice to transfer O.S. No. 02 of 2025 from the Court of the learned Principal Judge, Family Court, Bokaro to the Court of the learned Principal Judge, Family Court, Dhanbad.

¶22

Ratio / Principle

O.S. No. 02 of 2025 is hereby transferred from the Court of the learned Principal Judge, Family Court, Bokaro to the Court of the learned Principal Judge, Family Court, Dhanbad.

¶23

Key takeaways

The instant transfer petition is allowed.ratio¶24

Detailed headnote1 paragraphs

Transfer Petition (Civil) No. 103 of 2025 under Section 24, Code of Civil Procedure, 1908 — allowed (single judge, Justice Pradeep Kumar Srivastava, 04.02.2026). Soni Kumari (wife-petitioner, residing at Dhanbad) sought transfer of O.S. No. 02 of 2025 — instituted by her husband Gourang Kumar Mahto at the Family Court, Bokaro within about one year of marriage for declaration of the marriage as voidable under Sections 12(1)(c) and 12(1)(d), Hindu Marriage Act, 1955 — to the Family Court, Dhanbad, where her maintenance case (O.M. No. 208 of 2025) and criminal case arising from Barora P.S. Case No. 14 of 2025 (Sections 115(2), 126(2), 109, 85, 3(5), BNS 2023; Section ¾, Dowry Prohibition Act, 1961) were already pending. Notice to the opposite party was deemed served (through father; speed post refused) yet he neither appeared nor contested; the petitioner's supporting affidavit stood unrebutted. Counsel urged that the husband's 'tent and decoration' business made attendance at Dhanbad convenient for him. Finding the transfer expedient for the ends of justice, the Court transferred the suit and allowed the petition. No precedent was cited or engaged.

¶1

2026:JHHC:2905

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 103 of 2025

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¶4

Soni Kumari, aged about 21 years, W/o Gourang Kumar Mahto, D/o Rajkumar Mahto, R/o Village Dumra, Teli Tola, P.O. Nawagarh, P.S. Baghmara, Dist.-Dhanbad ... ... Petitioner

¶5

Versus

¶6

Gourang Kumar Mahto, S/o Khagendra Nath Mahto, R/o-Vill-Demudih, P.O.-Jamgoria, P.S.-Chas (M), Dist.-Bokaro … … Opp. Party

¶7

¶8

CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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¶10

For the Petitioner : Mr. Pratiush Lala, Advocate For the Opp. Party : None --------

¶11

Order No. 03/ Dated: 04^th February, 2026

¶12

It appears from the office report that notice issued against opposite party has been served through his father and the speed post has been returned refused. Therefore, service of notice against the opposite party is deemed to be served and sufficient.

¶13

In spite of valid service of notice, opp. party has not appeared either in person or through his counsel.

¶14

Heard learned counsel for the petitioner.

¶15

The instant petition has been filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of Original Suit No. 02 of 2025 pending in the court of Learned Principal Judge, Family Court, Bokaro to the court of Learned Principal Judge, Family Court, Dhandbad.

¶16

Learned counsel for the petitioner submits that O.S. No. 02 of 2025 has been filed by the opp. party-husband of the petitioner for declaring the marriage voidable under Section 12(1)(c) and 12(1)(d) of the Hindu Marriage Act, 1955 against the petitioner. It is further submitted that the petitioner resides at Dhanbad, however, the case being O.S. No. 02 of 2025 has been instituted at Bokaro, Family Court, just within one year of marriage and the petitioner is unable to attend the

¶17

1 T.P.(Cvl) No.103 of 2025

¶18

2026:JHHC:2905

¶19

Court at Bokaro frequently and she has also instituted the maintenance case being O.M. No. 208 of 2025 and complaint case No. 7729 of 2025 which was subsequently transferred to Police to register F.I.R. and subsequently Barora P.S. Case No. 14 of 2025 was registered for the offence under Section 115(2), 126(2), 109, 85, 3(5) of BNS, 2023 AND Section ¾ of Dowry Prohibition Act, 1961 at Dhanbad.

¶20

It is further submitted that opposite party-husband has a business of “tent and decoration”, therefore, it would not be inconvenient on the part of the opp. party to appear in the Court of Dhanbad where two cases are already pending lodged by the petitioner-wife as stated above. Therefore, Original Suit No. 02 of 2025 filed by the husband-opp. party may be transferred from Bokaro, Family Court to Dhanbad, Family Court.

¶21

The aforesaid contentions have been supported by the affidavit filed by the petitioner which has not been rebutted in any manner by the respondent by offering his contest.

¶22

Considering the facts and circumstances as mentioned above, it appears expedient for the ends of justice to transfer the O.S. No. 02 of 2025 from the Court of learned Principal Judge, Family Court, Bokaro to the court of learned Principal Judge, Family Court, Dhanbad.

¶23

Accordingly, O.S. No. 02 of 2025 is hereby transferred from the Court of learned Principal Judge, Family Court, Bokaro to the court of learned Principal Judge, Family Court, Dhanbad.

¶24

In result, the instant transfer petition is allowed.

¶25

(Pradeep Kumar Srivastava, J.)

¶26

04.02.2026 Basant Uploaded on 05/02/2026

¶27

2 T.P.(Cvl) No.103 of 2025

Soni Kumari v. Gourang Kumar Mahto

Case brief

What is this about?

What did the court decide?

Soni Kumari v. Gourang Kumar Mahto

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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