Preeti Devi v. Gopal Bahadur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.923 of 2022 ====================================================== Preeti Devi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Vardhan For the Opposite Party/s :

Mr.

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

The mother of the sole opposite party has received the notice and the same is treated to be validly served. No one appears for the sole opposite party.

The present application has been filed for transfer of Divorce Case bearing No. 199 of 2021 from the Court of learned Principal Judge, Family Court, Nalanda to the Court of learned Principal Judge, Family Court, Patna. It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized on 30.11.2016 and they have a girl child from the wedlock.

It has been submitted by the learned counsel for the petitioner that soon after the marriage when she went to her

Patna High Court MJC No.923 of 2022(3) dt.02-12-2022 2/3 matrimonial home the opposite party and her mother started demanding dowry and stopped giving her food. That within two months after marriage the petitioner No. 1 got pregnant, and instead of knowing this the opposite party keeps abusing her and beating her with kicks. She was given no care and medicine during pregnancy and after few days of pregnancy she was kicked out of her matrimonial home and somehow she reached her maternal home in the middle of the night seeking help from others. After seven months she gave birth to a daughter, also petitioner no. 2 in this petition and informed her in-laws about this but no one came to see her.

Learned counsel for the petitioner further submits that the opposite party is having affair with her bhabhi and also he used to talk with many girls at night which shows that the opposite party is man with bad character.

Learned counsel also submits that the the petitioner lives in Patna and knows no one in Nalanda and she is unknown to that place and her daughter who is aged about four years and her health is not good and it is not possible for the petitioner to travel with her every time and for this reason the petitioner is unable to travel from Patna to Nalanda on every date of hearing of said Divorce Petition. That the petitioner has been a victim of

Patna High Court MJC No.923 of 2022(3) dt.02-12-2022 3/3 domestic and dowry violence in past, she is unable to overcome the bodily and emotional pain till yet and is unable to face any insult and harassment and she is in depression too. Considering the aforesaid submissions of the learned counsel for the petitioner and the facts mentioned in the prayer portion of the petition, the same is allowed. Accordingly, Divorce Case bearing No. 199 of 2021 is transferred from the Court of Principal Judge, Family Court, Nalanda to the Court of Principal Judge, Family Court, Patna.

The records of Divorce Case bearing No. 199 of 2021 should be immediately sent by the Court of learned Principal Judge, Family Court, Nalanda to the Court of learned Principal Judge, Family Court, Patna.

Let a copy of this order be communicated to the learned Principal Judge, Family Court, Nalanda and to the Court of learned Principal Judge, Family Court, Patna through FAX and e-mail for its compliance.

(Sandeep Kumar, J) Vikas/- U