Patna High CourtMJC/1907/2024allowed

Kumari Akansha v. Amit Kumar

2024-09-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1907 of 2024 ====================================================== Kumari Akansha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mrs. Smt. Sudha Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2024 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mrs. Sudha Ambastha representing the opposite party.

2. The present petition has been preferred for transfer the Matrimonial Suit No. 45 of 2024 from the Court of learned Principal Judge, Family Court, Khagaria to the Court of learned Principal Judge, Family Court, Muzaffarpur.

3. On 25.07.2024, notices were issued to the opposite party while granting stay in the matter.

4. The opposite party has appeared, the facts have been narrated in paragraph-11 to 13 of the petition which read as follows:

"11. That petitioner/O.P. has reasonable apprehension that if she will go to Khagaria her husband (Opposite Party) will harm her.

12. That from the present petition itself it is evident that marriage was solemenized on 27.01.2023 and the petitioner/O.P. is young lady

Patna High Court MJC No.1907 of 2024(4) dt.12-09-2024 2/2 and presently she is residing in Mohalla-Sanholi Dharamdas Mohalla, Kacchi Pakki, P.S. Sadar, District-Muzaffarpur.

13. That the petitioner/O.P. is residing in Naihar village and it is difficult for her to go to Khagaria which is far away from her resident and attend the Court.

5. Learned counsel for the opposite party submits that he has also filed petition for restitution of conjugal rights. This Court will be happier, if the couple come to an amicable solution. However, the present petition is for transfer of the files of Matrimonial Suit No. 45 of 2024 from Khagaria to Muzaffarpur.

6. In that background, the MJC No. 1907 of 2024 stands allowed.

7. The files of Matrimonial Suit No. 45 of 2024 is transferred from the Court of learned Principal Judge, Family Court, Khagaria to the Court of learned Principal Judge, Family Court, Muzaffarpur with permission to both the parties either to appear physically or through virtual mode.

(Rajiv Roy, J) Adnan/- U