Guria Kumari v. Raj Kishore Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3159 of 2018 ====================================================== Guria Kumari ... ... Petitioner/s

Versus

RAJ KISHORE KUMAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok For the Opposite Party/s :

Mr.Akhileshwar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-09-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Restitution of Conjugal Rights Case No. 167 of 2017 from the Court of Principal Judge, Family Court, Saran, Chapra to the Court of Principal Judge, Family Court, Patna. It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized in the year 2017 with the Hindu customs and rites, in her native village- Ramchaura Mandir, Rambhadra Nichli, Nanda Colony, P.S. Hajipur, District- Vaishali. On 19.07.2017, the opposite party no. 2 and his family members jointly assaulted the petitioner and thereafter, she was ousted from her marital house and kept all the belongings including jewelries of the petitioner. Thus, she returned back to her mother house at vilage- Ramchaura Mandir, Rambhadra Nichli, Nanda

Patna High Court MJC No.3159 of 2018(6) dt.09-09-2022 2/3 Colony, P.S. Hajipur, District-Vaishali. The mother of the petitioner is suffering from various ailment and her father has already passed away before her marriage. Her brothers are poorly paid persons working as Sambida Teacher. They are anyhow meeting their family expenditure and day to requirement.

Learned counsel for the opposite party has been heard.

Considering the fact that the petitioner is a lady and has no source of income and it will be difficult for her to visit Saran, Chapra on each and every date to contest the Restitution of Conjugal Rights Case and that the opposite party will have no difficulty in contesting and in pursuing his Restitution of Conjugal Rights Case in Patna, this application is allowed.

Accordingly, Restitution of Conjugal Rights Case No. 167 of 2017 is transferred from the Court of Principal Judge, Family Court, Saran, Chapra to the Court of Principal Judge, Family Court, Patna.

The records of Restitution of Conjugal Rights Case No. 167 of 2017 should be immediately sent by the Principal Judge, Family Court, Saran, Chapra to the Principal

Patna High Court MJC No.3159 of 2018(6) dt.09-09-2022 3/3 Judge, Family Court, Patna.

Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Saran Chapra and the Principal Judge, Family Court, Patna, through FAX for its compliance.

(Sandeep Kumar, J) Guddu/- U