RANCHI, India, July 19 -- Jharkhand High Court issued the following order on Jun 18:

1. The instant petition has been filed under Section 24 of the Code of Civil Procedure for transfer of original suit No. 676 of 2024 filed under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955 pending before the Court of Learned Principal Judge, Family Court, Dhanbad to the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur.

2. Learned counsel for the petitioner submits that she is a woman and compelled to reside separately with her husband at her parental home situated at resident of Garabasa Chowk, Bagbera, P.O. & P.S. Tatanagar Town, Jamshedpur, District Singhbhum East.

3. It is further submitted that the petitioner has also instituted a criminal case being Jamshedpur Sakchi (Mahila) P.S. Case No. 22 of 2024 under Section 126(2), 127(2), 115(2), 352 and 85 of the BNS, 2023 and under Section 3/4 of the Dowry Prohibition Act which is pending in the Court of Learned Chief Judicial Magistrate at Jamshedpur.

4. It has also been submitted that the petitioner has also instituted a case being Original Maintenance Case No. 178 of 2024 under Section 125 of the Code of Criminal Procedure for grant of maintenance, which is pending in the Court of Learned Principal Judge, Family Court, Jamshedpur and she has not been provided a single penny for her maintenance and also the expenses for litigation rather her husband has filed a matrimonial suit under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955 for divorce bearing Original Suit No. 676 of 2024 before the Court of Learned Principal Judge, Family Court, Dhanbad and the petitioner is unable to contest the suit by going to Dhanbad on each and every date therefore for ends of justice and for proper management of litigation, the case instituted by her husband bearing Original Suit No. 676 of 2024 requires to be transferred in the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur.

5. On the other hand, learned counsel appearing on behalf of Opp. Party has filed no written objection but submitted that there is a serious apprehension of physical assault to the opp. party at the hands of his wife and her family members and therefore the transfer of the case may result in untoward incident and this petition is fit to be dismissed.

6. It appears that no any instances of earlier incident of assault at the hands of the petitioner wife to her husband or any threat by her family members have been pointed out and the apprehension of the opp. party appears to be groundless and there is a genuine reason pointed out by the petitioner to transfer the matrimonial suit for divorce filed by the husband/opp. party to the Court within the jurisdiction where the petitioner is presently residing.

7. Accordingly, the proceeding of original matrimonial suit No. 676 of 2024, pending before the Court of Learned Principal Judge, Family Court, Dhanbad is hereby transferred to the Court of Learned Principal Judge, Family Court, East Singhbhum at Jamshedpur.

8. In result, the instant transfer petition is allowed.

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