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Patna High CourtC.Misc./1215/2018disposed

Vinod Kumar v. Smt. Madhumita

2018-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1215 of 2018 ====================================================== Vinod Kumar Son of Shree Kameshwar Prasad resident of L.I.G. - 99, At & P.S. Nehru Nagar, Bhopal, M.P.

.... .... Petitioner

Versus

Smt. Madhumita Wife of Vinod Kumar and daughter of Dr. Kashinath Prasad residentof M.I.G. - 333, Kankarbagh Colony, Lohianagar, P.S. - Kankarbagh, Town & District Patna.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sunil Srivastava For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner.

The petitioner is husband and applicant of Matrimonial Case No. 390 of 2013 pending in the Court of learned Additional Principal Judge, Family Court, Patna. The petitioner filed this civil miscellaneous petition for direction to the Additional Principal Judge, Family Court, Patna to dispose of the matrimonial suit expeditiously in view of the order passed by the Hon'ble Supreme Court in Transfer petition (Civil) No.1309 of 2012. It appears that there is order of Hon'ble Supreme Court directing the parties to co-operate with the transferee court in expeditiously disposal of the matrimonial suit but even after lapse of five years, the matrimonial suit is still pending. It is submitted that both sides have already adduced their evidence and suit is

Patna High Court C.Misc. No.1215 of 2018 (2) dt.05-10-2018 2/2 pending for argument.

Having considered the facts aforesaid, I direct the Additional Principal Judge, Family Court, Patna to dispose of the matrimonial suit after hearing both sides in accordance with law preferably within four months from the date of receipt of this order.

Accordingly, this civil miscellaneous petition is disposed of.

(Prabhat Kumar Jha, J) Amit/- U