Chandni Devi v. Dhirendra Thakur

Patna High Court MJC No.3642 of 2014 (3) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3642 of 2014 In T.S. 1115 of 2013 ====================================================== Chandni Devi .... .... Petitioner/s

Versus

Dhirendra Thakur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-06-2016 Learned counsel for the petitioner is absent while learned counsel for the opposite party is present. On account of absence of petitioner, this petition should have been dismissed in default but considering the nature of the prayer for transfer of matrimonial suit from Munger to Banka where the Naihar of petitioner lies and further, is facing hardship after having been kicked out from her Sasural, prevent to dismiss the same in default. Therefore, Title Suit No.1115 of 2013 pending before Principal Judge, Family Court, Munger is directed to be transferred to the court of Principal Judge, Family Court, Banka for disposal in accordance with law.

Accordingly, instant petition is allowed. Office to communicate. The stay so granted vide order dated 22.10.2014 is hereby vacated.

(Aditya Kumar Trivedi, J) PN/- U