Priti Devi @ Puja v. Deepak Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3483 of 2017 ====================================================== Priti Devi @ Puja, W/o Deepak Kumar, D/o Dilip Kumar Singh, R/o VillageP.H.E.D. Colony, Aurangabad, Club Road, P.S.- Aurangabad Town, DistrictAurangabad. ... ... Petitioner/s

Versus

Deepak Kumar, S/o Amarjit Kumar Singh, R/o village- Sondhi, P.S. Buniyadganj, District- Gaya.

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

For the Petitioner/s :

Mr. Rakesh Kumar with Mr. Rikesh Sinha, Advocates For the Opposite Party/s :

Mr. Dhananjay Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-07-2019 Heard learned counsel for the petitioner and learned counsel for the opposite party.

2. The petitioner, who is the wife of the opposite party, has filed the present application under Section 24 read with Section 151 of the Code of Civil Procedure for transfer of Matrimonial Title Suit No. 133 of 2017 filed by the opposite party for divorce, which is pending before the Principal Judge, Family Court, Gaya to the Court of Principal Judge, Family Court, Aurangabad.

3. Learned counsel for the petitioner submitted that within a few months of marriage in the year 2016, when the petitioner had gone to Delhi to live with the opposite party, he had started torturing her for dowry for which she filed a case at Delhi

Patna High Court MJC No.3483 of 2017 dt.17-07-2019 2/2 and when she was ousted from the matrimonial home she has filed a case for maintenance at Aurangabad and in retaliation, the present suit for divorce has been filed by the opposite party at Gaya even though he is working and residing at Delhi.

4. Learned counsel for the opposite party submitted that he shall not oppose such transfer of the case from Gaya to Aurangabad.

5. In view of the aforesaid, the application is allowed. Matrimonial Title Suit No. 133 of 2017, pending before the Principal Judge, Family Court, Gaya stands transferred to the Court of Principal Judge, Family Court, Aurangabad.

6. The Principal Judge, Family Court, Gaya shall transfer the records of the case to the Principal Judge, Family Court, Aurangabad within two weeks from the date of production of a copy of this order before him. Upon the records being received by the Principal Judge, Family Court, Aurangabad, a new number shall be given and the case shall proceed in accordance with law.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T