Gunja Kumari @ Gunja Devi v. Santosh Kumar Jaiswal

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4026 of 2013 In Matrimonial Reference No. 134 of 2013 ====================================================== GUNJA KUMARI @ GUNJA DEVI, W/o Santosh Kumar Jaishawal, D/o Ramdhari Prasad @ Dhamdhari Jaishwal, R/o Village-Jagiraha, Bijmani, P.S.-Jitna (Ghorasahan) District-East Champaran. .... .... Petitioner/s

Versus

Santosh Kumar Jaishwal, S/o Lallu Prasad Jaishwal, R/o Mohalla-Pant Nagar Colony, Gaya Bodh Gaya Road, P.S.-Civil Line Gaya, District-Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Respondent : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner.

It appears that the notice was issued to the sole opposite party and the Counsel appearing in the court below has accepted the notice, but having no instruction and there being no further appearance before this Court, the matter regarding transfer of Matrimonial Case No.134 of 2013, which is pending in the court of the Family Court, Gaya, has unnecessarily remained pending.

Learned counsel for the petitioner thus prays that the aforementioned Matrimonial Case No.134 of 2013 be transferred from the court of Family Court, Gaya to the Family Court, Motihari, East Chamapran on the ground that it is virtually

Patna High Court MJC No.4026 of 2013 (9) dt.19-06-2018 2/2 impossible for her to contest the matter at Gaya as she has been the victim of continuous torture from her in-laws at Gaya and is thus afraid of going there to contest the matter. She has further stated in her application that she has no source of income and the distance of Gaya is more than 300 Kms. from her Maike where she is presently residing. She has further prayed that the case may be transferred from Gaya to Motihari so that she may take adequate steps for contesting the matter, which has been filed under Section 9 of the Hindu Marriage Act.

Having considered the entire facts and circumstances of the case and there being no resistance of the present application and also the exigency of the situation, let Matrimonial Case No.134 of 2013 pending in the court of the Family Court, Gaya be transferred to the Family Court, Motihari, East Champaran. Let the record of the aforementioned case be sent to the court concerned forthwith.

The application stands disposed of.

(Anjana Mishra, J) PNM U