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Patna High CourtMJC/1206/2021allowed

Rani Sharma @ Rani Kumari, v. Nitesh Kumar Sharma @ Nitesh Sharma,

2022-07-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1206 of 2021 ====================================================== Rani Sharma @ Rani Kumari, W/o Nitesh Kumar Sharma @ Nitesh Sharma, Gali No. 9 Mukundpur Part No. 2, Mukundpur Extention Part No. 2, Badli, P.S.-Badli, Delhi-110042, at present Daughter of Shri Sant Sharma, VillageFuchati Kala, P.S.-Ekma, District-Saran. ... ... Petitioner/s

Versus

Nitesh Kumar Sharma @ Nitesh Sharma, Son of Shri Jwala Sharma, VillageAreraj Sharma Ka Tola, P.S.-Govindganj, District-East Champaran (Motihari).

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

For the Petitioner/s :

Mr.Upendra Kumar Singh Advocate For the Opposite Party/s :

Mr.Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-07-2022 Heard the parties.

The present petition has been filed for transfer of Matrimonial (Divorce) Case No. 400 of 2019 from the Court of the Principal Judge, Family Court, East Champaran of Motihari to the Court of Principal Judge, Family Court, Saran at Chhapra. It has been submitted by learned counsel for the petitioner that marriage was solemnized on 22.04.2016. The petitioner seeks transfer of the Matrimonial (Divorce) Case No. 400 of 2019 from the Court of the Principal Judge, Family Court, East Champaran of Motihari to the Court of Principal Judge, Family Court, Saran at Chhapra because the petitioner is very poor and she has no source of income. She has no money to go to Motihari, Family Court. She is so poor that

Patna High Court MJC No. 1206 of 2021(3) dt.13-07-2022 2/2 this time she is living with her father Shri Sant Kumar Sharma, Vill. Phuchati Kala, P.S.- Ekma, District-Saran for last one year. Considering the difficulty being faced by the petitioner in travelling to Motihari, this application for transfer is allowed. Matrimonial (Divorce) Case No. 400 of 2019 pending in the court of the Principal Judge, Family Court, East Champaran of Motihari is directed to be transferred to the court of Principal Judge, Family Court, Saran at Chhapra. The parties shall appear in the court of the Principal Judge, Family Court, Saran at Chhapra and thereafter the proceeding will be conducted in the court of the Principal Judge, Family Court, Saran at Chhapra.

The husband (opposite party) shall pay Rs. 15000/- as litigation cost to the petitioner which shall be deposited in the Court below after the case is transferred to the Family Court, Sarat at Chhpara.

Let a copy of this judgment be communicated to the Principal Judge, Family Court, East Champaran of Motihari as well as the Principal Judge, Family Court, Saran at Chhpara for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U