Sadhana Kumari @ Sadhna Tiwari v. Shambhu Shankar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1160 of 2021 ====================================================== Sadhana Kumari @ Sadhna Tiwari ... ... Petitioner/s

Versus

Shambhu Shankar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Rohit Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Divorce Case No. 204 of 2015 from the Court of learned Principal Judge, Family Court, Madhubani to the Court of learned Principal Judge, Family Court, Patna. It has been submitted by learned counsel for the petitioner that the opposite party and his parents had demanded Rs. 10,00,000/- (ten lakhs) and costly gift items of Rs. 4,00,000/- (four lakhs) as dowry but only Rs. 5,00,000/- (five lakhs) besides other articles were paid to the opposite party as dowry and due to non-fulfillment of demanded dowry, the petitioner was subjected to harassment.

It is further submitted by the learned counsel for

Patna High Court MJC No.1160 of 2021(6) dt.02-12-2022 2/3 the petitioner that the opposite party is very violent and used to commit unnatural sex with the petitioner. He also used to pressurize the petitioner to cohabit with other persons and on refusal, the petitioner was brutally assaulted. Learned counsel for the petitioner also submits that the petitioner is a lady and have a minor child staying with her and she is not financially sound, so she will face difficulty in visiting the Court of Principal Judge, Family Court, Madhubani on each and every date to contest the divorce case. Learned counsel for the opposite party has been heard.

Considering the above submissions of the learned counsel for the petitioner and facts mentioned in the petition, this application is allowed.

Accordingly, Divorce Case No. 204 of 2015 is transferred from the Court of Principal Judge, Family Court, Madhubani to the Court of Principal Judge, Family Court, Patna.

The records of Divorce Case No. 204 of 2015 should be immediately sent by the learned Principal Judge, Family Court, Madhubani to the Court of learned Principal Judge, Family Court, Patna.

Patna High Court MJC No.1160 of 2021(6) dt.02-12-2022 3/3 Let a copy of this order be communicated to the Court of learned Principal Judge, Family Court, Madhubani and to the Court of learned Principal Judge, Family Court, Patna through FAX and e-mail for its compliance.

(Sandeep Kumar, J) Vikas/- U