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Patna High CourtMJC/1090/2023disposed

Anchal Kumari v. Ajay Kumar

2025-07-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1090 of 2023 ====================================================== Anchal Kumari daughter of Ramesh Kumar, resident of village - Mansha Pandey Bagh near Patthar Wali gali, P.S. - Arrah Nagar, District - Bhojpur. ... ... Petitioner/s

Versus

Ajay Kumar son of Dinesh Sah, resident of village - Shivhare Mohalla Garaha New Hanuman Mandir Manik Chauk, P.S. - Runni Saidpur, District - Sitamarhi, Bihar.

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Raghvendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-07-2025

1. Heard the parties.

2. The present application has been filed on behalf of the wife/petitioner for a direction to transfer the divorce case bearing Matrimonial Dispute Case No. 73 of 2022 from the Court of learned Principal Judge, Family Court, Sitamadi to the learned Principal Judge, Family Court, Ara.

3. Learned counsel for the Petitioner submits that the petitioner was married with the opposite party on 21.06.2018 in court at Pune and again on 01.12.2019, both the parties performed marriage ceremony and rituals in their village Sitamarhi. The husband has filed the divorce case at Sitamarhi on the ground of cruelty. The submission of the petitioner is that she is residing at Ara and it will be great hardship for her to visit the court at Sitamarhi on each and every date for defending the

Patna High Court MJC No.1090 of 2023(6) dt.10-07-2025 2/3 divorce case filed by her husband/opposite party. The contention of the petitioner has been controverted by the husband/opposite party.

4. Learned counsel for the opposite party submits that wife is residing at Jamui and is working as a teacher over there. It would be convenient for her to visit Sitamarhi which is nearer to Jamui instead of Ara. However, without prejudice to the contention of the petitioner, learned counsel submits that opposite party/husband is ready for transfer of the case from Sitamarhi to Ara. This court may direct the court at Ara to dispose the divorce case within a reasonable frame of time.

5. Having considered the submissions of both the parties and the consent of the husband for transfer of divorce case, Matrimonial Dispute Case No. 73 of 2022 is directed to be transferred from Sitamarhi to the learned Principal Judge, Family Court, Ara.

6. The court at Sitamarhi is directed to transfer the file and all the documents within a period of two weeks.

7. The learned Principal Judge at Ara is requested to dispose the case as early as possible, preferably within a period of one year from the date of receipt of the records of Matrimonial Dispute Case No. 73 of 2022.

Patna High Court MJC No.1090 of 2023(6) dt.10-07-2025 3/3

8. Accordingly, the present application is disposed with the aforesaid direction.

(Anil Kumar Sinha, J) HarshPandey/- U