Pritam Priyadarshi @ Rupam v. Ranjit Kumar Gupta @ Ranjit Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4841 of 2018 ====================================================== Pritam Priyadarshi @ Rupam Wife of Ranjit Kumar Gupta @ Ranjit Kumar, D/o Anurudh Prasad Resident of Village- Sripur, Rampur, P.S.- Sugauli, District- Motihari at Present residing at Gahiri, P.S.- Nautan, District- Bettiah.

... ... Petitioner

Versus

Ranjit Kumar Gupta @ Ranjit Kumar Son of Mahendra Prasad Resident of Village- Sripur, Rampur, P.S.- Sugauli, District- Motihari. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate.

For the Opposite Party:

Mr. Sanjeev Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 29-04-2019 The present petition has been filed for transfer of the Divorce Case No. 102 of 2018 from the Court of learned Principal Judge Family Court, Motihari to the Court of learned Principal Judge, Family Court, Bettiah.

2. It is submitted that the petitioner, who is a lady, would have to face considerable difficulty and harassment in attending the divorce case filed by the opposite party for restitution of conjugal rights at Motihari. It is submitted that the petitioner has no support to travel from her place of residence at Bettiah to Motihari to attend the divorce case.

3. Learned counsel for the opposite party submits that the petitioner would be required to travel barely 30 Kms. from her parental home at Bettiah to come to Motihari whereas the petitioner is posted at Sitamarhi at a distance of about 50 Kms. from Motihari. The opposite party expresses his readiness to bear the

Patna High Court MJC No.4841 of 2018 dt.29-04-2019 2/2 cost of travel and reasonable expenses of the petitioner to attend the Divorce Case at Motihari. A statement is made at the Bar on behalf of the opposite party that the petitioner is the only witness remaining to be examined.

4. Having heard the parties and on consideration of the materials on record, I am not inclined to accede the prayer of the petitioner. The transfer of the divorce case has been sought by the petitioner pleading that she has no support to travel from Bettiah to Motihari. On the other hand, the opposite party has categorically expressed his readiness to bear the reasonable cost in this regard. No other ground has been pleaded on behalf of the petitioner.

5. In the above circumstances, I direct that the opposite party shall deposit an amount of Rs. 1,000/- to cover the cost of travelling and incidental expenses of the petitioner for each date when she is personally required to travel to attend the Divorce Case at Motihari. The learned Court below shall ensure such deposit by the opposite party for the use of the petitioner.

6. The petition stands disposed with the aforesaid observations and directions.

Ibrar/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.05.2019 Transmission Date N.A.