Tr.Pet.CVL/107/2025 of PUJA KUMARI ALIAS PUJA DEVI Vs RAJENDRA PRASAD MAHTO on 17 June 2026

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Tr. Petition (Civil) No.107 of 2025

Puja Kumari @ Puja Devi, aged about 31 years, wife of Rajendra Prasad Mahto, daughter of Pradip Saw, resident of village- Pandeydih, P.O and P.S-Mahuda, District-Dhanbad, At present, resident of village-Chaufand, Sector 11, P.O-Sector 9, P.S-Harla, District Bokaro

…… Petitioner

Versus Rajendra Prasad Mahto, son of Late Bisheshwar Mahto, resident of village-Pandeydih, P.O and P.S-Mahuda, District-Dhanbad

……. Opp. Party

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

---------- For the Petitioner : Ms. Pinki Kumari, Advocate

: Mr. Abhishek Gautam, Advocate

For the State

: Mr. Kumari Rashmi, Advocate For the O.P.

: None

----------- 06/Dated:17th June, 2026 Learned counsel for the petitioner and State are present. None appears on behalf of the opposite party even today.

2. Reference may be made to the order dated 13.05.2026 which reads as follows:- “2. Mrs. Kumari Rashmi, learned APP has submitted that notice has been served upon opposite party on 26.04.2026 through jurisdictional Police i.e. Officer-In-charge, Mahuda P.S., Dhanbad.

3. However, when the case is called out, none appears for the opposite party even today.

4. Under the circumstances, by way of last chance for appearance of the opposite party, put up this case on 17.06.2026 and till then, the interim order dated 01.04.2026 passed by this Court shall continue.”

3. Heard learned counsel for the petitioner.

4. None appears on behalf of the opposite party despite service of notice upon him on 13.04.2026 and for which the learned APP has filed the counter affidavit.

5. Learned counsel for the petitioner submitted that petitioner is wife whereas opposite party is her husband and her husband i.e. opposite party has filed O.S. No.808 of 2025 under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Court of learned Principal Judge, Dhanbad.

6. It is submitted that petitioner is a lady and having two children namely, Vinayak (son) aged about 02 years and a daughter namely Ananta, aged about 06 months. It is submitted that the petitioner being wife has to travel Civil Courts, Dhanbad which is at a distance of 55 kilometer and the petitioner is resident of Bokaro and hence the O.S. No.808 of 2025 may be transferred to the Court of learned Principal Judge, Family Court, Bokaro.

7. It appears from the record that the opposite party has filed O.S. No.808 of 2025 under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Court of learned Principal Judge, Dhanbad and for which notice has been issued to the petitioner.

8. It appears that despite valid service of notice upon opposite party, he failed to appear before the Court.

9. It further reveals from Annexure-1 enclosed with this Transfer Petition (Civil) that the petitioner has also filed Maintenance Case No.167 of 2025 before the learned Principal Judge, Family Court, Bokaro and even one Complaint case No.896 of 2025 has also been filed before the learned C.J.M, Bokaro against the opposite party and his family members, which is evident from Annexure-2 of this Transfer Petition. Hence it will be desirable that all the matter be heard together, particularly Maintenance Case and this O.S. No.808 of 2025 filed by the opposite party.

10. Under the circumstances, the O.S. No.808 of 2025 is directed to be transferred from the Court of learned Principal Judge, Family Court, Dhanbad to the Court of learned Principal Judge, Family Court, Bokaro.

11. Learned Principal Judge, Family Court, Dhanbad is directed to transmit the entire records of O.S. No.808 of 2025 to the Court of learned Principal Judge, Family Court, Bokaro for the needful.

12. Accordingly, Transfer Petition (Civil) No.107 of 2025 is allowed.

(Sanjay Prasad, J.) Dated: 17.06.2026 Saket/-