Nitu Bharti Sinha, v. Jitendra Kumar Saxena,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.557 of 2022 ====================================================== Nitu Bharti Sinha, ... ... Petitioner/s
Versus
Jitendra Kumar Saxena, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-11-2022 Mr. Sanjeev Ranjan, learned counsel appears for the opposite party and submits that he has instruction to appear but he could not file Vakaltnama. He is permitted to file Vakalatnama by Monday (06.11.2022).
Heard the parties.
The present application has been filed for transfer of Matrimonial (Divorce) Case No.21 of 2021 from the Court of learned Principal Judge, Family Court, Munger to the Court of learned Principal Judge, Family Court, Biharsharif, Nalanda. It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized on 31.11.2014 as per Hindu rituals but the opposite party did not take any care of the petitioner and even
Patna High Court MJC No.557 of 2022(4) dt.04-11-2022 2/3 did not pay any money for her livelihood.
It has also been submitted by learned counsel for the petitioner that the petitioner has no source of livelihood and opposite party did not take any care of her and she has been compelled to face economic starvation and she is being harrashed by her husband physically, mentally, and economically, therefore, she has also a fear of her life if she will appear at Munger Family Court.
Mr. Sanjeev Ranjan, learned counsel for the opposite party submits that the evidence is on the verge of completion and the petitioner has participated in the proceeding, therefore, this case may not be transferred.
Considering the above submission of the learned counsel for the petitioner and the facts mentioned in the petition, the Matrimonial (Divorce) Case No.21 of 2021 is transferred from the Court of learned Principal Judge, Family Court, Munger to the Court of learned Principal Judge, Family Court, Biharsharif, Nalanda.
The records of Matrimonial (Divorce) Case No.21 of 2021 should be immediately sent by the Court of learned Principal Judge, Family Court, Munger to the Court of learned Principal Judge, Family Court, Biharsharif, Nalanda.
Patna High Court MJC No.557 of 2022(4) dt.04-11-2022 3/3 Let a copy of this order be communicated to the Court of learned Principal Judge, Family Court, Munger and to the Court of learned Principal Judge, Family Court, Biharsharif, Nalanda through FAX and e-mail for its compliance. (Sandeep Kumar, J) Vikas/- U