Pawan Kumar v. Anjali Rani

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11306 of 2019 In Miscellaneous Jurisdiction Case No.147 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Nawada ====================================================== PAWAN KUMAR Son of Late Shyam Kishore Pandit Jaiprakah Nagar, Teliapokhar, At / P.O. / Dist Aurangabad ... ... Petitioner/s

Versus

Anjali Rani Wife of Pawan Kumar Daughter of Naresh Pd. At. Gardanibag - 2 Anishabad, Dist - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar Mishra For the Opposite Party/s :

Mr.Shruti Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 Petitioner has filed this application for transfer of Maintenance Case No.49/2015 from the court of the learned Principal Judge, Family Court, Nawada to any other Principal Judge, Family court at Magadh Division.

Grounds for transfer is that the father of the applicant is a Senior Officer in the government and he has many connections and he approached the Principal Judge, Family court within the jurisdiction of Nawada and as he has also influenced the father of the applicant, as such he has apprehension that he will not get justice from the court of Principal Judge, Family Court, Nawada and second ground is that the learned Principal Judge, Family Court has no jursidciton to entertain the application under Section 125 of the Cr.P.C.. On the other hand the learned counsel for the O.P.no.2

Patna High Court CR. MISC. No.11306 of 2019(6) dt.19-07-2019 2/2 has appeared and submitted that the learned Principal Judge, Family Court, who was recorded the evidence, has now been transferred at Begusarai and further submission is that earlier the petitioner had moved against the interim order passed by the learned Principal Judge Family Court and that has been dismissed, vide order dated 2.5.2017 passed in Cr.Rev. No.43 of 2017.

So far the first point of the petitioner is concerned, there is apprehension against Presiding Officer that he in collusion with the applicant.

So far the second point is concerned, this Court is not passing any order on the point of jurisdiction rather the petitioner is at liberty to raise the same before the Principal Judge, Family Court, Nawada, who will consider the same and pass an appropriate order.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T