Jaya Kumari v. Mahesh Prasad Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2540 of 2013 In Matrimonial Reference No. 80 of 2012 ====================================================== Jaya Kumari, Daughter of Baidyanath Prasad, Resident of Veena Sadan, Sundar Nagar, Bhushaila, Danapur, P.S. Fulwari Sharif, District Patna. .... .... Petitioner
Versus
Mahesh Prasad Srivastava, Son of Late Laxshman Prasad, Resident of Village Jugamliya, P.S. Krishna Garh, District Bhojpur (Ara). .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dhirendra Kumar, Advocate For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-04-2015 In the present application the petitioner is seeking of transfer of Matrimonial (Restitution) Case No. 80 of 2012 filed under Section 9 of the Hindu Marriage Act, 1955 from Principal Judge, Family Court, Bhojpur (Ara) to Principal Judge, Family Court, Patna.
It has been claimed by the petitioner that she has not entered into marriage with the opposite party and very clandestinely and cleverly he prepared a certificate of marriage with the petitioner.
The notice was issued to the opposite party by the earlier order and the same has been affected upon the opposite party but he has not taken care to participate in the proceeding. In such view of the matter, as the petitioner is residing at Patna
Patna High Court MJC No.2540 of 2013 (4) dt.28-04-2015 2 / 2 and has challenged the factum of marriage itself but on the other hand opposite party has filed the restitution of conjugal right, for the ends of justice and for resolution of dispute, let the Matrimonial (Restitution) Case No. 80 of 2012 be transferred from Principal Judge, Family Court, Bhojpur (Ara) to Principal Judge, Family Court, Patna.
Accordingly, the petition is allowed. Let this order be communicated to the court concerned. (Shivaji Pandey, J.) Sanjay/- U