Ritesh Kamal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29874 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ritesh Kamal Son of Mahendra Prasad, Resident of Vijaynagar, Road No. 3, Hanumannagar, P.S.- Patrakarnagar, Kankarbagh, Distt.- Patna- 800026. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Sulekha Kumari, Daughter of Vijay Prasad, presently resident of villageBarnama, P.O.- Gopalpur, P.S.- Warisaliganj, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 The petitioner has preferred this application for transfer of Maintenance Case No. 65 of 2017 form the Court of Principal Judge, Family Court, Nawada to Principal Judge, Family Court, Patna.

The ground for transfer is that the petitioner is a handicap by 50 percent and his liability on his father and as such it is not possible for him to go to Nawada on all the dates and make pairvi or examine himself and others. His father is above 70 years old and he is also unable to move with the petitioner. Heard learned counsel for the opposite party no.2 also, who has admitted this fact that the petitioner is handicap, but shows her inability to come to Patna on each and every dates and the opposite party no.2 has no source of income of her own to bear

Patna High Court CR. MISC. No.29874 of 2018(8) dt.23-04-2019 2/2 the expenses, however, after some arguments, opposite party no.2 is ready for transfer of case if the genuine expenses will be borne by the petitioner in this case.

In such view of the matter and specially considering the fact that petitioner is a handicap by 50 percent, this application for transfer is allowed and the Maintenance Case No. 65 of 2017 is directed to be transferred from the court of Principal Judge, Family Court, Nawada to the Principal Judge, Family Court, Patna on the condition that petitioner will pay Rs. 1000/- for each date as expenses of the opposite party no.2 or her witnesses to be examined in the court. Both the parties will cooperate in disposal of the case. At the same time, Principal Judge, Family Court, Patna is also directed to dispose of this case within a period of nine months after receipt of the record and appearance of the parties and also ensure the payment of cost to the opposite party no.2 for her appearance and for her witnesses on each dates.

Accordingly, Principal Judge, Family Court, Nawada is directed to transmit the record of Maintenance Case No. 65 of 2017 to the court of Principal Judge, Family Court, Patna at once. With the above observations, this application is allowed. (Vinod Kumar Sinha, J) Amjad/SKSuman.

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