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Patna High CourtMJC/218/2017allowed

Guria Kumari v. The State Of Bihar And ORS

2020-02-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.218 of 2017 ====================================================== Guria Kumari D/o Kusheshwar Mochi, resident of village - Rahua, P.S. Sahebpur Kamal, District - Begusarai, at present Quarter No. 2178/F, Sector - 12 Bokaro Steel City, P.S. Sector - 12, District - Bokaro (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Onkar Krishna, Son of Maheshwar Ram 3.

Maheshwar Ram, Son of Ayodhi Ram, Both resident of village - Gawalpara, P.S. Rupouli, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2020 Opposite party no.2 has appeared.

Nobody appears on behalf of the petitioner.

Petitioner (wife) filed this petition for transfer of Matrimonial Suit No.316 of 2014 from the Court of Principal Judge, Family Court, Purnea to the Court of Principal Judge, Family Court, Begusarai on the ground that she is residing in Begusarai with her parents. Her husband deserted her and she has a lot of problems in pursuing the case in Purnea. Learned counsel for the opposite parties submits that the petitioner has also filed a maintenance case in the Court of Principal Judge, Family Court, Begusarai. The Principal Judge, Family Court, Begusarai has directed opposite party no.2 to pay

Patna High Court MJC No.218 of 2017(3) dt.20-02-2020 2/2 a sum of Rs.7,000/- per month to the petitioner (wife). Opposite party no.2 challenged that order in this Court vide Criminal Revision No.730 of 2019 and the order passed by learned Principal Judge, Family Court, Begusarai has been stayed by this Court. Since the petitioner sought transfer of matrimonial suit on her personal ground that she is unable to pursue the case at Purnea, I am of the view that the aforesaid matrimonial suit, for the sake of convenience of the petitioner, be transferred from the Court of Principal Judge, Family Court, Purnea to the Court of Principal Judge, Family Court, Begusarai. Accordingly, this transfer petition is allowed. The Principal Judge, Family Court, Purnea is directed to transfer the records of Matrimonial Suit No.316 of 2014 to the Court of Principal Judge, Family Court, Begusarai within one month from the date of receipt of this order.

(Prabhat Kumar Jha, J) Harish/- U