Anita Singh v. Birendra Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3361 of 2018 ====================================================== Anita Singh ... ... Petitioner/s

Versus

Birendra Kumar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anupa Nand Jha For the Opposite Party/s :

Mr. Dayanand Singh ====================================================== 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 Matrimonial Case No. 244 of 2017 from the Court of Principal Judge, Family Court, Bhagalpur 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 2006 and the petitioner submits that after the marriage she spend their marital life in Kahalgaon. It is evident from the record that the husband of the petitioner was unemployed and after returning to Patna in 2013 for their livelihood they engaged in a work at Boaring Road "Raja Ram Surat Sari Sale" as a salesman. In the night of 18.05.2018 the respondent beaten the petitioner and fled away after theft of motorcycle, ornaments and other valuable household articles of the

Patna High Court MJC No.3361 of 2018(7) dt.09-09-2022 2/2 petitioner and for that a case was instituted in Patna on 19.05.2018 as Kotwali P.S. Case No. 167/18 u/s 498 (a), 379 of IPC against the respondent. That the facts and circumstances of the case that the respondent had cheated the petitioner since her marriage.

Learned counsel for the opposite party has been heard.

Considering the fact that the petitioner is a helpless lady and it will be difficult for her to visit Bhagalpur on each and every date to contest the divorce case and that the opposite party will have no difficulty in contesting and in pursuing his matrimonial case in Patna.

Accordingly, Matrimonial Case No. 244 of 2017 is transferred from the Court of Principal Judge, Family Court, Bhagalpur to the Court of Principal Judge, Family Court, Patna. The records of Matrimonial Case No. 244 of 2017 should be immediately sent by the Principal Judge, Family Court, Bhagalpur to the Principal Judge, Family Court, Patna. Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Bhagalpur and the Principal Judge, Family Court, Patna, through FAX for its compliance.

(Sandeep Kumar, J) Guddu/- U