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Patna High CourtMJC/1445/2024allowed

Sneha Kumari v. Sri Ajit Kumar

2024-08-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1445 of 2024 ====================================================== Sneha Kumari W/o Sri Ajit Kumar, D/o Sri Sachindra Sharma R/o Alamnagar, Ward no.- 10, P.S.- Alamnagar, Distt.- Madhepura, at present R/o VillageSenduari Purushottam, Post- Bakhari, P.S.- Motipur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

Sri Ajit Kumar S/o Sri Binod Thakur Resident Alamnagar, Ward No.- 10, P.S.- Alamnagar, Distt.- Madhepura.

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. Pramod Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2024 Heard Mr. Jai Prakash Verma, learned counsel for the petitioner and Mr. Pramod Mishra representing the husbandopposite party.

2. The present petition has been preferred for transfer of Matrimonial Case No. 32 of 2023 filed by the opposite party, from the court of learned Principal Judge, Family Court, Madhepura to the court of learned Principal Judge, Family Court, Muzaffarpur.

3. It is the stand of the petitioner that she along with her female child is living with her mother at Muzaffarpur, it is not possible for her to move to Madhepura on every date due to economic condition as also the fear from the husband as she was ousted from the matrimonial house and no payment was made.

4. Mr. Pramod Mishra representing the husband

Patna High Court MJC No.1445 of 2024(3) dt.29-08-2024 2/2 submits that though the petition has been filed in Madhepura, the only thing the husband would like that the same is taken to its logical conclusion and further if it is transferred, he be allowed to appear either physically or through virtual mode.

5. Though this Court tried to impress upon the parties that in restitution matter they can settle the same by having just single sitting, considering their stand, it would be appropriate that the matter is transferred from the court of learned Principal Judge, Family Court, Madhepura to the court of learned Principal Judge, Family Court, Muzaffarpur.

6. Accordingly ordered.

7. Let the Matrimonial Case No. 32 of 2023 is transferred from the court of learned Principal Judge, Family Court, Madhepura to the court of learned Principal Judge, Family Court, Muzaffarpur with liberty to both the parties to appear either physically or through virtual mode. (Rajiv Roy, J) Vijay Singh/- U