Arti Kumari v. Ajay Kumar Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1134 of 2021 ====================================================== Arti Kumari Wife of Ajay Kumar Mishra resident of mohalla- Benta Chowk Hospital Road, P.o.- D.M.C. P.s.- Laheriasarai, District- Darbhanga, Daughter of Dinnath Mishra, at present resides at Village- Jarang dih, P.o. and P.s.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

Ajay Kumar Mishra Son of Sri Shivchandra Mishra resident of mohallaBenta Chowk Hospital Road, P.o.- D.M.c. , P.s.- Laheriasarai, DistrictDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh Mr.Rajeev Ranjan Dwivedi For the Respondent :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2022 Heard the petitioner. However, no one appears for the Respondent despite valid service of notice upon the sole Respondent.

The petitioner has prayed for transfer of Matrimonial (Divorce) Case No. 203/2020 from the court of Principal Judge, Family Court, Darbhanga to the Principal Judge, Family Court, Muzaffarpur on the ground that she is staying at Muzaffarpur and she has no source of income and it is not possible for her to appear on each and every date before the Principal Judge, Family Court, Darbhanga.

It has also been submitted by the learned counsel for the petitioner that she is not being paid any maintenance amount

Patna High Court MJC No.1134 of 2021(3) dt.21-06-2022 2/2 and litigation expenses by the sole Respondent. Considering the facts of the case, this Matrimonial (Divorce) Case No. 203/2020 is directed to be transferred in the Court of Principal Judge, Family Court, Muzaffarpur from the Principal Judge, Family Court, Darbhanga.

After transfer of the case in the Court of Principal Judge, Family Court, Muzaffarpur, the Principal Judge, Muzaffarpur will issue notice to both the parties and, thereafter, the proceeding of the aforesaid matrimonial (Divorce) case will continue in the Court of Principal Judge, Family Court, Muzaffarpur.

With the aforesaid observation and direction, this application is allowed.

(Sandeep Kumar, J) Saif/- U