Babita @ Fulo Devi v. Niwas Pandit

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.707 of 2017 ====================================================== Babita @ Fulo Devi wife of Niwas Pandit daughter of Late Lalo Pandit resident of village - Managrar, P.S. - Laxmipur, District - Jamui at present residing at Vill - Mahaddi Nagar, P.S. Halsi, District - Lakhisarai. .... .... Petitioner

Versus

Niwas Pandit son of Late Kesho Pandit resident of Vill - Managrar, P.S.Laxmipur, District Jamui at present residing at N.T.P.C. Campus, Kahalgaon, N.T.P.C., District - Bhagalpur.

.... .... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 4.

27-08-2018 Heard learned counsel for the parties.

Learned counsel for the opposite party has informed this court that in fact the trial of the case has already proceeded, the evidence of the petitioner has been completed and closed and thereafter the case is pending for the evidence on behalf of the opposite party in the Family Court at Bhagalpur. It is submitted that the opposite party herein is paying a sum of Rs. 3000/- per month as maintenance to the petitioner and he is also ready to pay the traveling cost of the petitioner for attending the court at Bhaglpur.

In the aforesaid view of the matter, this court finds that the prayer of the petitioner for transfer of the divorce case from the court of learned Principal Judge, Family Court, Bhagalpur to the court of learned Principal Judge, Family Court, Jamui is not required to be accepted at this stage.

Let the learned Principal Judge, Family Court,

Patna High Court MJC No.707 of 2017 (4) dt.27-08-2018 Bhagalpur disposed of the divorce case being Divorce Case No. 348/2016 within a period of six months from the date of receipt/production of a copy of this order after giving an appropriate opportunity to the present petitioner to give her evidence.

The husband, who is opposite party before this court, shall in terms of his submissions pay a sum of Rs. 500/- to the petitioner herein on the date fixed in the matter at Bahgalpur in order to take care of her expenses in traveling and fooding for the day along with her witness. Such payment shall be made in presence of Presiding Officer of the court at Bhagalpur and the same will be entered in the record. Non-compliance of the order and undertaking shall be viewed seriously.

This application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U