Shobha Kumari v. Ritesh Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3366 of 2015 ====================================================== Shobha Kumari, Wife of Ritesh Kumar, Daughter of Shambhu Nath Dwivedy, Presently resident of F.C.I. Road, Pandey Patti, Buxar, P.S. Buxar (Muffasil) in the District of Buxar.

... ... Petitioner/s

Versus

Ritesh Kumar, Son of Lalan Tiwari, Resident of Village Permanpur, P.O. Amehta, P.S. Dawath in the District of Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Dwivedy Surendra, Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner. Nobody appears on behalf of the opposite party.

The notice of opposite party was received by his father. The petitioner also filed affidavit of jointness stating that the opposite party, the husband of the petitioner, is living jointly with his father but even then the opposite party did not enter his appearance.

The petitioner seeks transfer of Matrimonial Case No.100 of 2015 from the court of the learned Principal Judge, Family Court, Bhojpur, Ara to the court of the learned Principal Judge, Family Court, Buxar.

Learned counsel for the petitioner submits that the husband of the petitioner is resident of district Rohtas but he filed matrimonial suit at Bhojpur, Ara where the petitioner never

Patna High Court MJC No.3366 of 2015(7) dt.13-02-2020 2/2 resided with her husband. The petitioner has got all difficulties in pursing the case at Bhojpur Ara.

Having considered the facts and the fact that the petitioner, wife of the opposite party, is residing in the district of Buxar, Matrimonial Case No.100 of 2015, pending in the court of the learned Principal Judge, Family Court, Bhojpur, Ara is transferred to the court of the learned Principal Judge, Family Court, Buxar.

The learned Principal Judge, Family Court, Bhojpur, Ara is directed to send all the records of Matrimonial Case No.100 of 2015 to the court of the learned Principal Judge, Family Court, Buxar within two weeks from the date of receipt of this order.

The M.J.C. petition is allowed accordingly.

(Prabhat Kumar Jha, J) S.KUMAR/- U