Anita Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1449 of 2014 In Matrimonial Reference No. 288 of 2012 ====================================================== Anita Kumari wife of Rajeev Ranjan daughter of Sri Ram Surat Yadav, residence of Ariuon Ke Tola, PS-Daudpur, District-Saran at Chapra. .... .... Petitioner/s

Versus

1 The State of Bihar.

2. Rajeev Ranjan son of Sri Shivajee Roy, Residence of village-Hilalpur, Ward No. 2, PO-Hilalpur, PS-Industrial Area, District-Hajipur at present posted as Assistant Manager (Engg. Electrical) in Airports Authority of India at Jammu & Kashmir.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Prasad Yadav For the Respondent/s : Mr. Anurudh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner (wife) has filed this application for transfer of the case from Principal Judge, Family Court, Hajipur to Principal Judge, Family Court, Saran, as she is resident of Saran, it will be convenient for her to attend the case on day to day basis. Counsel for the opposite party no. 2 (husband) has pointed out that it is not a fit case for transfer, as the record shows that the petitioner is harassing her husband by numerous manner, such as she filed a criminal case under section 498(A) IPC in Chapra implicating all family members, when petitioner could know of bail, later on, a case under the Domestic Violence Act

Patna High Court MJC No.1449 of 2014 (10) dt.07-08-2015 2/2 was filed in Siliguri Court but after five months, she has withdrawn the case from there on the pressure of Court. Ultimately, both the parties are making allegation and counter allegation with regard to respective conduct against each other and finally have agreed that for the ends of justice, the case should be transferred to Principal Judge, Family Court, Muzaffarpur.

In such view of the matter, Divorce Case No. 288 of 2012 pending before the Principal Judge, Family Court, Hajipur be transferred to Principal Judge, Family Court, Muzaffarpur. The record of the case be remitted to Principal Judge, Family Court, Muzaffarpur within one week from the date of receipt/production of copy of this order, The court below is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt of record of the case.

Accordingly, this application is disposed of. (Shivaji Pandey, J) Mahesh/- U T