Patna High CourtMJC/1461/2014allowed

Nita Kumari v. Rajeev Kumar Singh

2015-09-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1461 of 2014 In Matrimonial Reference No. 4 of 2013 ====================================================== Nita Kumari W/o Rajeev Kumar Singh and daughter of Nand Kumar Roy, Resident of Shivkund, P.O.-Shivkund, P.S.-Dharahra, District-Munger. .... .... Petitioner/s

Versus

Rajeev Kumar Singh S/o Naveen Prasad Singh Resident of Village-Farreh, P.O.-Farreh, P.S.-Chautham, District-Khagaria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Fasihur Rahman Mallick For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner as well as learned counsel for the opposite party.

In this case the petitioner is praying for transferring the Guardianship Case No.4 of 2013 from the learned Principal Judge, Family Court, Khagaria to the learned Principal Judge, Family Court, Munger.

It is submitted on behalf of the petitioner that earlier in Misc. Case No.29 of 2014 the respondent had filed a petition. He had obtained order dated 2.1.2014 wherein he had given undertaking that he would withdraw the Guardianship case and also filed mutual application for divorce and later on he had revived the Guardianship case and he has been harassing her.

Patna High Court MJC No.1461 of 2014 (3) dt.17-09-2015 2/2 Counsel for the opposite party submits that it is not difficult for the petitioner to attend the case at Khagaria. There is no need to transfer the case from Khagaria in order to harass the husband.

Looking to the facts and circumstances of the case and since the matter relates to guardianship already a divorce petition is pending before the Principal Judge, Family Court, Munger, both the cases should be heard by the same Principal Judge, Family Court in order to avoid the conflict of judgment. In such view of the matter, let the Guardianship case No.4 of 2013 is transferred from the Principal Judge, Family Court, Khagaria, to the Principal Judge, Family Court, Munger. This application is, accordingly, allowed.

(Shivaji Pandey, J) AnilKrSinha/- U T