Neetu Sinha v. Gopal Kumar Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4313 of 2014 In Matrimonial Reference No. 9 of 2014 ======================================================

1. Neetu Sinha Wife of Gopal Kumar Sinha D/o Late Anant Kumar Sinha, Presently residing at Mohalla-Sheopuri Colony, P.S. and P.S. L.B.S. Nagar, District-Patna-800023 .... .... Petitioner/s

Versus

1. Gopal Kumar Sinha Son of Late Baijanth Prasad Sinha Resident of Mohalla-Chhotki Delha, Budh Lal Lane, Gali No.-9, Road No.-3 P.S.- Delha, District-Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned counsel for opposite party who has appeared suo-motu. This application has been filed for transfer of Matrimonial Case No.9 of 2014 from the court of Principal Judger, Family Court Gaya to Principal Judge, Family Court, Patna.

It has been stated that it is very difficult for a lady to go to Gaya to appear in the court and contest the case. In such view of the matter the matrimonial case should be transferred from Gaya to Patna.

Learned counsel for the opposite party submits that opposite party is an unemployed person, at the same time

Patna High Court MJC No.4313 of 2014 (2) dt.15-12-2015 once he came to Patna he was badly assaulted but in course of argument learned counsel for opposite party could not give the name of the person who has assaulted him and also stated that no complaint or criminal case has been lodged for the said accident.

Looking to the attending facts and circumstances of the case, this Court feels that it will be in the ends of justice that Matrimonial Case No. 9 of 2014 pending in the court of the Principal Judge, Family Court, Gaya be transferred to Principal Judge, Family Court, Patna.

In that view of the matter, Principal Judge, Family Court, Gaya is directed to transfer the case to the court of Principal Judge, Family Court, Patna. If untoward accident has taken place at Patna, the opposite party will file an application before Principal Judge, Family Court, Patna. With the aforesaid observation this application is allowed.

(Shivaji Pandey, J) Vinay/- U