Kundan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2535 of 2016 ====================================================== Kundan Kumar Son of Prabhat Chand Vishvakarma, Resident of New Market, Ward No-5 Buxar, P.S.+District Buxar. .... .... Petitioner

Versus

1. The State of Bihar

2. Pushpa Kumar @ Rubi Wife of Kundan Kumar, Daughter of Gauri Shankar Sharma, Resident of Emergency Colony, Railway Quarter No. 498/C, p.S. Nagar Katihar, District katihare. .... .... Opp.Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-03-2017 Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner.

The petitioner, husband of Opp.Party no.2, has approached this Court under Section 24, read with Section 151 of the Code of Civil Procedure, with a prayer to transfer Maintenance Case no.79/15 from the court of learned Principal Judge, Family Court, Katihar to the court of learned Principal Judge, Family Court, Buxar.

It was submitted by learned counsel for the petitioner that the petitioner is presently residing at Buxar with his old parents and for him, it would be difficult in participating the proceeding at Katihar court from Buxar, which is away for about

Patna High Court MJC No.2535 of 2016 (3) dt.06-03-2017 2/2 more than 300 Kilometer. It was further submitted that whenever the petitioner had gone to participate in the proceeding at Katihar, he was abused by her brother.

The Court is of the opinion that once a maintenance case is filed by the wife, in normal course, such cases may not be transferred on the request of her husband.

I do not find any ground to entertain the present petition. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T