Tr.Pet.Crl/17/2025 of PATHAK JAGRITI PATHAK ALIAS JAGRITI PATHAK Vs THE STATE OF JHARKHAND on 13 May 2026

1. The State of Jharkhand

2. Ashish Kumar Vaidh, S/o. Late Bishnu Prasad, R/o. Lakhari, Tanant of Praveen Rai, Anand Nagar, Near St. Josheph School, Sharma Khatal, P.O. & P.S.- Giridih, Nagar, Dist.-Giridih.

3. Vijay Kumar Vaidh, S/o. Late Bishnu Prasad.

4. Maya Devi, W/o. Vijay Kumar Vaidh.

5. Champa Devi, W/o. Late Bishnu Prasad. (The respondent nos. 3, 4 & 5 are R/o. Vill.- Chaitadih, Bedo, P.O. & P.S.- Pachamba, Dist.- Giridih. )

6. Binay Kumar Vaidh, S/o. Late Bishnu Prasad Vaidya, R/o. P.N.M. College, P.O. & P.S.- Gomoh, Dist.- Dhanbad.

……Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Mahesh Kumar Sinha, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P.

For the O.P. Nos. 2 to 6 : Mr. Harshit Sahay, Advocate

: Mr. Harshit Shekhar, Advocate

: Mr. Avnish Prakhar, Advocate

……

11/13.05.2026 Heard learned counsel for the petitioner as well as learned Special P.P. and learned counsel for the opposite parties.

2. This Transfer Petition has been filed on behalf of the

Petitioner-wife for transfer of Complaint Case No. 2671 of 2023, which is pending in the Court of Ms. Smriti Tripathi, learned Judicial Magistrate, 1st Class, Civil Court Giridih, to the Civil Courts at Dumka, where she is residing with her father.

3. During course of argument, learned counsel for the Opposite Parties Nos. 2 to 6 has submitted that he is ready to bear cost of Rs. 1,500/- which shall be paid to the petitioner-wife for her commute to Giridih on each and every date till the conclusion of the trial.

4. However, learned counsel for the petitioner has submitted that the opposite party no. 2 is not ready to pay maintenance, in the light of order dated 04.11.2025 passed in Order Maintenance Case No. 110 of 2023 by the learned Principle Judge, Family Court, Dumka by which the learned Principal Judge, Family Court, Dumka has directed to O.P. No. 2 to pay Rs. 10,000/-per month to the petitioner-wife, namely, Pathak Jagriti Pathak @ Jagriti Pathak and Rs. 4,000/- per month to her daughter Aditi Pathak i.e. total Rs. 14,000/- per month.

5. In view of the facts that the O.P. No. 2 (Ashish Kumar Vaidh) is ready to pay Rs.1,500/- on each date to the petitioner-wife for her travel to Civil Courts, Giridih with one companion till the conclusion of trial, accordingly, this Transfer

Petition stands disposed of with the direction to the Opposite Party No. 2 to make payment of Rs. 1,500/- on each and every date to the petitioner-wife for her travelling to Civil Courts, Giridh till the conclusion of trial.

6. Opposite Party No. 2 is further directed to pay Rs. 10,000/- as an advance to the petitioner-wife and which shall be adjusted by the petitioner-wife for travelling to Civil Courts, Giridih on subsequent dates.

7. However, it will be desirable that O.P. No. 2 shall also take care of difficulty being faced by the petitioner-wife due to non-payment of the maintenance amount.

8. The learned Trial Court is directed to send the compliance report of the deposit of an amount of Rs. 10,000/- by the 2nd week of next month.

9. Thus, this Transfer Petition (Cr.) No.17 of 2025 stands disposed with the observation as above.

10. Let a copy of this order be sent to the learned Trial Court for needful.

(Sanjay Prasad, J.) Dated: 13.05.2026 NANDINI/-