Nishu Kumari v. Binay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3481 of 2015 IN Matrimonial Reference No. 371 of 2015 =========================================================== Nishu Kumari wife of Sri Binay Kumar and daughter of Jitendra Prasad Singh, Resident of village- Bastipur, P.S.- Dehri-on-Sone, District- Rohtas, at present resident of Flat No. 205, Chanchal Apartment at Mohalla Nehru Nagar, P.S.- Patliputra, District- Patna- 800013 .... .... Petitioner
Versus
Binay Kumar son of late Shyam Bihari Singh, at present residing in B.S.N.L. Quarter at Main Telephone Exchange Compound, Anaith, Ara, P.S.- Ara Nawada, District- Bhojpur, Pin Code- 803201 Opposite Party =========================================================== Appearance :
For the Petitioner : Mr. Anil Kumar Singh ,Adv For the Opposite Party : Mr. Brij Mohan Kumar Srivastava, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-09-2017 The present petition has been filed for transfer of Matrimonial Case No. 371 of 2015 from the Court of learned Principal Judge, Family Court, Bhojpur at Ara to the Court of learned Principal Judge, Family Court, Patna.
2. Learned counsel for the petitioner submits that she was treated with cruelty by the opposite party and ousted from her matrimonial home on 07.09.2015, after which she came to reside at her parental house at Patna. It is submitted that Complaint Case No. 3674 (c) of 2015 under Sections 498A, 341, 323, 406, 379, 420 IPC and Sections 3/4 of the D.P. Act has been filed by her, which is pending at Patna.
3. Learned counsel for the opposite party appears and opposes the petition. It is pointed out that earlier Complaint Case No. 124 (c) of 2013 was filed by the petitioner under Sections 341, 323, 406 and 498A of the Indian Penal Code and Section 3 and 4 of the D.P. Act in which the accused persons including the opposite party were not found guilty in terms of judgment dated 09.03.2015 passed by the learned S.D.J.M., Patna. Soon thereafter however, Complaint Case No. 3674 (c) of 2015 was filed on
Patna High Court MJC No.3481 of 2015 dt.13-09-2017 29.10.2015 with similar allegations of cruelty and torture, which is thus frivolous in nature. It is further stated that the opposite party is working on the post of S.D.O. in Bharat Sanchar Nigam Limited, Ara and would have difficulty in taking leave to come to Patna to prosecute the Matrimonial Case, if the same is transferred as sought by the petitioner.
4. Having heard the parties and on a consideration of the materials on record, this Court is not inclined to interfere in the matter. It is not in dispute that interim maintenance of Rs. 8,000/- per month as also litigation cost of Rs. 5,000/- has been awarded to the petitioner. However, it is stated in para 8 of the petition that the said maintenance case is pending in the Court of learned Principal Judge, Family Court, Ara (not Patna). This Court also takes note that the second Complaint Case alleging cruelty has been filed after the opposite party has been found not guilty in the earlier Complaint Case filed with similar allegations.
5. The petition accordingly stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 14.09.2017 Transmission Date N.A.