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Patna High CourtCR. MISC./8704/2018allowed

Nilu Kumari v. Alok Kumar Jha

2019-04-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8704 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Nilu Kumari Wife of Alok Kumar Jha, Daughter of Sri Amarnath Jha, Resident of Jai Bihar Colony, Jhurkhuria Road, Police Station- Adyogik Zeromile, District- Bhagalpur.

... ... Petitioner/s

Versus

Alok Kumar Jha Son of Sri Anant Ram Jha, Rresident of Village- Gaosaigaon, Police Station- Gopalpur, District- Bhagalpur, presently posted at Vijaya Bank, Branch Banka, District- Banka.

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

For the Petitioner/s :

Mr.Niranjan Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 16-04-2019 This application has been filed for transfer of Maintenance Case No. 171 of 2015 from the court of Learned Principal Judge, Family Court, Bhagalpur to the court of Learned Principal Judge, Family Court, Purnea.

2. Ground for transfer is that petitioner, being the wife of O.P.No. 2, prior to ousting from the house, was residing at Bhagalpur and as such she has lodged case at Bhagalpur. Now, she is residing at Purnea with her parents and that she has no source of income as such, maintenance case may be transferred from the Family Court, Bhagalpur to Family Court, Purnea. It is submitted that earlier divorce case filed by O.P.No. 2 has also been transferred from Family Court, Bhagalpur to Family

Patna High Court CR. MISC. No.8704 of 2018 dt.16-04-2019 2/2 Court, Purnea vide order dated 25.02.2019 passed by this Hon'ble Court in M.J.C.No. 3783 of 2017.

3. Heard learned counsel for the O.P.No. 2 also. Though he opposes the prayer for transfer of the case, but concedes this fact that divorce case has already been transferred to the Family Court, Purnea.

4. Considering the aforesaid facts and circumstances, Maintenance Case No. 171 of 2015 is transferred from the file of Principal Judge, Family Court, Bhagalpur to the file of Principal Judge, Family Court, Purnea with a direction to dispose of the case within a period of six months from the date of receipt of the file. Both parties shall co-operate in disposal of the case.

5. With the aforesaid observation and direction, this application is allowed.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date