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Patna High CourtMJC/413/2018allowed

Anuparna Kumari @ Anupma Kumari v. The State Of Bihar

2019-07-17Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 413 of 2018 ====================================================== Anuparna Kumari @ Anupma Kumari, Wife of Sri Sanjay Paswan, Daughter of Dhukhi Paswan, resident of Village Sakhhora, P.S. Sakhhora, District - Nalanda.

... ... Petitioner/s

Versus

Sanjay Paswan Son of Late Mureshwar Paswan resident of Village Kosuk, P.O. Ranbigha, P.S. Deep Nagar, District Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Amit Kumar Singh, 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 present application has been filed under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 for transfer of Matrimonial Suit No. 33 of 2017 filed by the opposite party, who is the husband of the petitioner which is pending before the Court of the Principal Judge, Family Court, Nalanda at Biharsharif to the Court of Principal Judge, Family Court, Patna.

3. Learned counsel for the petitioner submitted that the marriage between the parties took place on 30.04.2015 but soon

Patna High Court MJC No.413 of 2018 dt.17-07-2019 2/3 thereafter, there was demand of dowry and further that the opposite party was having illicit relationship with a lady from his family. It was submitted that once the petitioner had gone with the opposite party, who is a police constable to reside where he was posted, he had left her at the station. It was submitted that the petitioner has also filed Matrimonial Case No. 381(M) of 2017, which is pending before the Principal Judge, Family Court, Patna for maintenance.

4. Earlier by order dated 06.04.2018, while issuing notice to the opposite party, further proceedings of Matrimonial Suit No. 33 of 2017, pending before the Principal Judge, Family Court, Nalanda at Biharsharif had been kept in abeyance.

5. Learned counsel for the opposite party does not oppose the prayer for transfer.

6. In the aforesaid background, the application is allowed. Matrimonial Suit No. 33 of 2017 pending before the Principal Judge, Family Court, Nalanda at Biharsharif stands transferred to the Court of Principal Judge, Family Court, Patna. The Principal Judge, Family Court, Nalanda shall transmit the records of the case to the Court of Principal Judge, Family Court, Patna within two weeks from the date of production of copy of this order positively. Upon receiving of the records of the case, the

Patna High Court MJC No.413 of 2018 dt.17-07-2019 3/3 Principal Judge, Family Court, Patna shall give a fresh number to the case and shall proceed in accordance with law. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T