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Patna High CourtMJC/1700/2019allowed

Rashmi Singh v. Vikash Kumar Singh

2022-06-23Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1700 of 2019 ====================================================== Rashmi Singh, D/o Laete Bharat Singh, W/o Vikash Kumar Singh, At present resident of IAS Colony, Bailey Road, Police Station - Rupaspur, Dist.-Patna ... ... Petitioner

Versus

Vikash Kumar Singh S/o Vijay Kumar Singh At present resident of J/10,Mahanadi Extension IGNOU,Residential Campus,Police StationMaidangarhi, Dist.-New Delhi and Permanet resident of Mohalla-Ram Jiwan Chowk,Hazipur,P.S. Hazipur Town, Dist.-Vaishali ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Md. Shamimul Hoda, Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 23-06-2022 Though Vakalatnama on behalf of sole opposite party has been filed but when the case is called out no one has appeared on behalf of opposite party. The case is being decided after seeing the records.

The present application has been filed for transfer of Matrimonial (Divorce) Case No. 396 of 2018 from the Court of Principal Judge, Family Court, Vaishali at Hajipur to the Court of 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 in the year 2017 and the petitioner was being tortured by her husband and in-laws and thereafter, the

Patna High Court MJC No.1700 of 2019 dt.23-06-2022 2/3 Matrimonial Case for divorce was filed by opposite party. It has also been submitted by learned counsel for the petitioner that the petitioner has no source of income and she is staying in her parent's house and some how managing her life and it is very difficult for her to appear in the Family Court, Vaishali on each and every date of hearing leaving behind her minor child.

Considering the fact that the petitioner is a lady having a minor child and has no source of income and it will be difficult for her to visit Vaishali on each and every date to contest the divorce case and that the opposite party will have no difficulty in contesting and in pursuing his divorce case in Patna, this application is allowed.

Accordingly, Matrimonial (Divorce) Case No. 396 of 2018 is transferred from the Court of Principal Judge, Family Court, Vaishali at Hajipur to the Court of Principal Judge, Family Court, Patna.

The records of Matrimonial (Divorce) Case No. 396 of 2018 should be immediately sent by the Principal Judge, Family Court, Vaishali at Hajipur to the Principal Judge, Family Court, Patna.

Let a copy of this order be communicated to the

Patna High Court MJC No.1700 of 2019 dt.23-06-2022 3/3 Court of Principal Judge, Family Court, Vaishali at Hajipur and the Principal Judge, Family Court, Patna through FAX for its compliance.

(Sandeep Kumar, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 07.07.2022 Transmission Date