Pratibha Kumari v. Jaichandra Mahto

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3973 of 2018 ====================================================== Pratibha Kumari Wife of Jaichandra Mahto and Daughter of Sri Avinash Prasad Resident of Village-Chakiya Purana Tola, Ward No.-3, Post-B.T.P.S.- SR and SD, Police Station-Chakiya (Barauni, Malhipur, District-Begusarai (Bihar) PIN-851116 ... ... Petitioner/s

Versus

Jaichandra Mahto Son of Sri Prabhu Mahto Resident of Village-Anandpur, Police Station-Uda Kishanganj, District-Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar @ Ravindra Kumar Rai, Advocate For the Opposite Party/s :

Mr. Pawan Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the opposite party.

2. Pursuant to order dated 16.10.2019, the father of the petitioner is present. From what he has submitted, in the tentative view of the Court, there appears to be substance in the grounds taken by the petitioner in the present case seeking transfer of Divorce Suit No. 92 of 2017 pending before the Principal Judge, Family Court, Madhepura to the Court of Principal Judge, Family Court, Begusarai.

3. At this juncture, learned counsel for the opposite party submitted that since the application has been filed for transfer of

Patna High Court MJC No.3973 of 2018 dt.23-10-2019 2/2 the aforesaid suit, he was agreeable to such transfer and the parties would contest on merits before the Court below.

4. Having considered the stand taken by learned counsel for the parties, the application is allowed. Divorce Suit No. 92 of 2017 stands transferred from the Court of Principal Judge, Family Court, Madhepura to the Court of Principal Judge, Family Court, Begusarai. The Principal Judge, Family Court, Madhepura shall transmit the entire records of the case to the Court of Principal Judge, Family Court, Begusarai within two weeks. Upon receiving the records, the Principal Judge, Family Court, Begusarai shall get a fresh number instituted and shall proceed to hear the matter and dispose off the same on merits.

5. For making things convenient, the parties agree to enter appearance before the Principal Judge, Family Court, Begusarai on 25th November, 2019.

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