Noor Afshan Bano v. Noman Mohsin
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1789 of 2017 =========================================================== Noor Afshan Bano, W/o Noman Mohsin, D/o Haji Md. Kasim, Resident of Mohalla-Haji Nagar, Mithanpura Chowk, P.O. & P.S.-Mithanpura, District Muzaffarpur .... .... Petitioner
Versus
Noman Mohsin, S/o Md. Naim, Resident of Village-Khodaibagh, P.S. Khaira, District-Saran .... .... Opposite Party =========================================================== Appearance :
For the Petitioner : Mr. Nafisuzzoha, Advocate For the Opposite Party : Mr. Ramchandra Sahni, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT Date: 04-04-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the sole opposite party.
2. The present application has been filed for transfer of Matrimonial Case No.140 of 2016 from the court of Principal Judge, Family Court, Chapra to the Principal Judge, Family Court, Muzaffarpur.
3. Learned counsel for the petitioner submits that the petitioner is facing serious difficulty in contesting the matter at Chapra and she is unable to make Pairvi at the said court. She has also submitted that maintenance case is pending at Muzaffarpur where the sole opposite party has already appeared. It is thus in the interest of justice that the present case, which is pending at Chapra,
Patna High Court MJC No.1789 of 2017 dt.04-04-2018 2/2 be also transferred to the court of Principal Judge, Family Court, Muzaffarpur.
4. Learned counsel for the opposite party has resisted the application and submits that the matter is likely to be compromised and the petitioner is willing to keep his wife.
5. However, this Court is of the opinion that since two other cases are pending and are being contested at Muzaffarpur, it would be advisable and in the interest of justice to transfer the present case from the Principal Judge, Family Court, Chapra to the Principal Judge, Family Court, Muzaffarpur. It is directed accordingly.
6. Let the records of aforementioned case be transferred expeditiously to the Family Court, Muzaffarpur for appropriate further action.
7. The application stands allowed.
(Anjana Mishra, J) PNM AFR/NAFR NAFR CAV DATE NA Uploading Date06.04.2018 Transmission Date NA