Vandana Kumari Bhagat v. Dipesh Chaurasiya

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2162 of 2019 ====================================================== Vandana Kumari Bhagat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Mishra For the Opposite Party/s :

Mr.Sanjay Sinha Mr. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-11-2022 Heard the parties.

The petitioner is the wife of the opposite party, namely, Dipesh Chaurasiya who has filed this application for transfer of Matrimonial Case No. 299 of 2018 from the Principal Judge, Family Court, Sasaram to Principal Judge, Family Court, Buxar.

Learned counsel for the petitioner submits that the petitioner is a young lady dependent upon her old and ailing parents. It is causing much inconvenience to her to travel to Sasaram from Dumraon, Buxar to contest the matrimonial case along with her girl child.

However, learned counsel appearing on behalf of the opposite party vehemently opposed the prayer of the petitioner and submits that there is no threat perception to the petitioner and she will face no difficulty in contesting the case pending before the Court of learned Principal Judge, Family Court,

Patna High Court MJC No.2162 of 2019(5) dt.11-11-2022 2/3 Rohtas at Sasaram.

Considered the submission of the parties.

The petitioner is a lady and she will have difficulty in travelling to Sasaram from Buxar to contest the case, therefore, this application is allowed.

Accordingly, let the Matrimonial Case No. 299/2018 be transferred from the Principal Judge, Family Court, Rohtas at Sasaram to the Principal Judge, Family Court, Buxar. After transfer of the case in the Court of Principal Judge, Family Court, Buxar, the Principal Judge, Buxar, will issue notice to both the parties and, thereafter, the proceeding will continue in the Court of Principal Judge, Family Court, Buxar.

Matrimonial Case No. 115 of 2018 filed for maintenance by the petitioner is still pending before the Principal Judge, Family Court, Buxar and the same is directed to be disposed of within three months from today. While deciding the same, he will abide by the direction of the Supreme Court passed in the case of Rajnesh vs. Neha & Ors. [(2021) 2 SCC 324].

Let a copy of the order be communicated to the learned District Judge, Rohtas at Sasaram as well as to the

Patna High Court MJC No.2162 of 2019(5) dt.11-11-2022 3/3 learned District Judge, Buxar.

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

(Sandeep Kumar, J) Saif/-Sunny U