Patna High CourtMJC/1226/2020allowed

Rashmi Rani v. Rajnish Raushan

2021-07-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1226 of 2020 ====================================================== Rashmi Rani W/o Rajnish Raushan D/o Shiv Shankar Prasad, Resident of Mohalla- Durgawari, Haridas Chaterji Lane, P.S.- Civil Lines, District- Gaya ... ... Petitioner

Versus

Rajnish Raushan S/o Sri Om Prakash, Flat No. 303, third Floor, Rai Gharana Apartment (Campus of Pyara Gharana, Chandauti More, Pin Code-823001 at present residing at C/o Sri A.K. Dube Advocate, House No.-3, Bhikhanpur Gumti No. 12, New Bihari Mandir, Bhagalpur, District- Bhagalpur ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ravindra Kumar Sinha, Advocate For the Opposite Party :

Mr.Rajeev Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-07-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the opposite party.

There is no denial of the fact that the opposite party also belongs to the same district of Gaya as evident from the uncontroverted statement made in paragraph 12 of this application which is quoted hereinbelow:- "12. That it is stated that the petitioner is residing at Gaya and the house of the opposite party is also within the jurisdiction of Family Court, Gaya, but only with an intension (sic) to harass the petitioner. He filed this case at Bhagalpur, where he is residing temporary."

Patna High Court MJC No.1226 of 2020(5) dt.15-07-2021 2/2 Considering the fact that the opposite party also belongs to the territorial jurisdiction of the Principal Judge, Family Court, Gaya, the present petition is allowed. Matrimonial Case No. 369 of 2019 pending in the Court of the Principal Judge, Family Court, Bhagalpur is directed to be transferred to the Principal Judge, Family Court, Gaya. Principal Judge, Family Court, Bhagalpur is required to transmit the entire files and record of Matrimonial Case No. 369 of 2019 to the Principal Judge, Family Court, Gaya at the earliest so that the Principal Judge, Family Court, Gaya may appropriately decide the aforesaid Matrimonial Case No. 369 of 2019. The application stands allowed to the extent as indicated above.

(Anil Kumar Upadhyay, J) BT/- U