IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO.439 OF 2025 NAMITA DEVI PETITIONER VERSUS MUKESH THAKUR & ORS. RESPONDENTS

O R D E R

1. Read the office report dated 24th February, 2026.

2. Despite service of notice of this transfer petition under Section 406 of the Code of Criminal Procedure, 1973 presented by Namita Devi (hereafter the petitioner-wife) on Mukesh Thakur & Ors., they have not entered appearance.

3. The marriage between the petitioner-wife and Mukesh Thakur (hereafter the respondent no.1-husband) was solemnized on 02^nd June, 2017. One girl is born on 20^th June, 2022 from the wedlock. However, the parties have since drifted apart owing to differences arising by and between them.

4. We find that Complaint Case No.05 of 2024 dated 22nd January, 2024 was lodged by the respondent no.1-husband titled as “Mukesh Kumar Thakur vs. Namita Devi and Ors.”, which is pending before the Court of the Chief Judicial Magistrate, Khunti, Jharkhand. It seems to be a retaliatory measure only after the petitioner-wife lodged FIR No.66 of 2023 at Police Station-Mahila, District- Saran at Bihar under Sections 504 and 498-A of the Indian Penal Code, 1860 Signature Not Verified Digitally signed by JATINDER KAUR Date: a202g6.0a2.26inst the respondent no.1-husband.

17:05:01 IST Reason:

5. On the multiple grounds urged in the petition, the petitioner-wife has sought for transfer of the aforesaid proceedings from the Court of the Chief Judicial Magistrate, Khunti, Jharkhand to the Court of the Chief Judicial Magistrate, Chapra, Saran, Bihar.

6. Since the respondent no.1-husband has not controverted the statements/averments made in the petition, we are of the view that he has no serious objection to grant of the prayer for transfer.

7. We are also otherwise satisfied, having regard to the inconvenience the petitioner-wife is likely to face if the proceedings were continued in the court at Khunti, Jharkhand (at a distance of around 430 kms. from her present place of residence in Saran, Bihar), that it would be expedient in the interest of justice to grant the prayer for transfer.

8. Hence, the transfer petition is allowed. Complaint Case No.05 of 2024 titled “Mukesh Kumar Thakur vs. Namita Devi and Ors.” pending before the Court of the Chief Judicial Magistrate, Khunti, Jharkhand is transferred to the Court of the Chief Judicial Magistrate, Chapra, Saran, Bihar. Records of Complaint Case No.05 of 2024 be transferred to the transferee court immediately.

9. To avoid delay, the parties are directed to appear before the transferee court on 24^th March, 2026. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance.

Thereafter, he shall be free to proceed in accordance with law.

10. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.

11. If the respondent no.1-husband is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.

12. Pending application(s), if any, shall also stand disposed of.

………………..……………………...J.

[DIPANKAR DATTA]

………...……………………………..J.

[SATISH CHANDRA SHARMA]

New Delhi;

February 25, 2026.

ITEM NO.19 COURT NO.8 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No.439/2025 NAMITA DEVI Petitioner VERSUS MUKESH THAKUR & ORS. Respondents I.A. No.125437/2025-EX-PARTE STAY I.A. No.125439/2025-EXEMPTION FROM FILING O.T.

Date : 25-02-2026 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petit