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Patna High CourtMJC/3083/2018allowed

Tanuja Devi @ Tanuja Kumari v. Som Nath Sah

2022-11-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3083 of 2018 ====================================================== Tanuja Devi @ Tanuja Kumari Daughter of Kamal Kishore Resident of Gandhi Chowk, (Purab Saraid Road), P.S. Kotwali, District- Munger. ... ... Petitioner/s

Versus

Som Nath Sah Son of Late Ram Lal Sah, Resident of Mohalla- Avasthi Ghat Danapur, P.S. Danapur, District- Patna, at present residing at Guldak Ashtha, Chitrakut Nagar, Road No.1, P.S. Danapur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Bindeshwar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-11-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Matrimonial (Divorce) Case No. 273 of 2017 from the Court of Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, Munger.

It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized in the year 2011 and the petitioner has no source of income. It has also been submitted that the petitioner is staying in her parent's house and somehow managing her life and it is very difficult for her to appear in the Family Court, Patna on each and every date of hearing. Learned counsel for the opposite party opposes the petition by submitting that the mother of opposite party is

Patna High Court MJC No.3083 of 2018(5) dt.04-11-2022 2/2 suffering from different aliments and the opposite party is required to take care of his ailing mother, so it will be difficult for him to contest the case at Family Court, Munger. Considering the fact that the petitioner is a lady and has no source of income and it will be difficult for her to visit Patna on each and every date to contest the divorce case, this application is allowed.

Accordingly, Matrimonial Case No. 273 of 2017 is transferred from the Court of Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, Munger. The records of Matrimonial Case No. 273 of 2017 should be immediately sent by the Principal Judge, Family Court, Patna to the Principal Judge, Family Court, Munger. Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Patna and the Principal Judge, Family Court, Munger, through FAX for its compliance. (Sandeep Kumar, J) Guddu/PawanU