Sarita Devi @ Sarita v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34268 of 2014 ====================================================== Sarita Devi @ Sarita, Daughter of Late Shambhu Nath Tiwary, Resident of Village-Jalalpur, P.S.-Jalalpur, District-Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jeetendra Kumar Upadhaya Son of Sri Dwarka Nath Upadhaya Resident of Village-Gangajal, P.O.-Sultanpur, P.S.-Sonepur, District-Saran at Chapra.

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

For the Petitioner/s : Mr. Manoranjan Kumar, Adv. For the State : Mr. Manoj Kumar-I, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02-12-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks transfer of Restitution of Conjugal Rights Case No. 362 of 2013 from the Court of Principal Judge, Family Court, Chapra, to Patna on grounds of convenience. On the last occasion, both the spouses had been directed to be physically present so as to attempt to a settlement. However, the same does not seem possible.

Having considered the facts of the case, the application is allowed and Principal Judge, Family Court, Saran at Chapra is directed to send records of Conjugal Right Case No. 362 of 2013 to the Court of Principal Judge, Family Court, Patna.

Patna High Court Cr.Misc. No.34268 of 2014 (5) dt.02-12-2015 2/2 The Principal Judge, Family Court, Patna, is directed to conclude the Proceedings positively within a period of nine months from the date of receipt of the records without granting unnecessary adjournment to any Party and shall not insist on physical appearance of the Opposite Party No. 2 except essential.

(Anjana Prakash, J) S.Ali/- U T