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Patna High CourtMJC/327/2024allowed

Namrata Singh v. Ankit Kumar

2024-08-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.327 of 2024 ====================================================== Namrata Singh Wife of Ankit Kumar, Daughter of Vijay Kumar Singh, Resident of Mohalla - Veer Kunwar Singh Path, Nahar Chowk, Dumra Road, P.S. and District - Sitamarhi. At Present Resident of Village - Bhakurahiya, Post- Saraiya Gopal, P.S. - Patahi, District - East Champaran. ... ... Petitioner/s

Versus

Ankit Kumar Son of Ajit Kumar @ Ajit Kumar Singh, Resident of Village - Sona Khan, P.S. - Suppi, District - Sitamarhi. At present Resident of MohallaVeer Kunwar Singh Path, Nahar Chowk, Dumra Road, P.S. and District - Sitmarahi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Basant Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Basant Kumar Singh representing the husband-opposite party.

2. The present petition has been preferred for Transfer of Matrimonial (Divorce) Case No. 191 of 2023 from the Court of Principal Judge, Family Court, Sitamarhi to the Court of Principal Judge, Family Court, East Champaran at Motihari considering the fact that the petitioner is presently residing within the territorial jurisdiction of Family Court, East Champaran, Motihari.

3. Learned counsel for the petitioner submits that she do not have independent source of income, is heavily dependable upon the parents, it is not possible for her to travel to Sitamarhi as there is no economic support from her husband.

Patna High Court MJC No.327 of 2024(6) dt.29-08-2024 2/2

4. Learned counsel appearing on behalf of the husband, Mr. Basant Kumar Singh submits that though there is only 150 Kms difference between Sitamarhi and Motihari, if the case is transferred, he may be allowed to appear physically or through virtual mode.

5. On the one hand, the petitioner has cited economic problem, on the other hand, the husband wants that that he may be allowed to appear either physically or through virtual mode.

6. In that background, the prayer for transfer is allowed. Let the files of the Matrimonial (Divorce) Case No. 191 of 2023 pending before the court of learned Principal Judge, Family Court, Sitamarhi be transferred to the court of learned Principal Judge, Family Court, East Champaran at Motihari forthwith.

7. Both the petitioner as also the husband will have the liberty to appear before the Court either physically or through virtual mode.

(Rajiv Roy, J) Vijay Singh/- U