Tabassum Begum v. Md. Tauqueer Ahmad Asharfi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.362 of 2021 ====================================================== Tabassum Begum ... ... Petitioner/s

Versus

Md. Tauqueer Ahmad Asharfi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Firoz Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-09-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Matrimonial Case bearing No.137 of 2020 from the Court of learned Principal Judge, Family Court, Bhagalpur to the Court of learned Principal Judge, Family Court, Munger. It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized on 08.04.2018 thereafter the petitioner has started marriage life at her sasural Aamitr Hussain Lane Jabbarchak, Tatarpur, Bhagalpur. After some time the opposite party and his family members started torturing. During the marriage life, the petitioner has become pregnant thereafter the opposite party and his family members have put pressure upon the petitioner for abortion but any how on 25.01.2019 one female child has been born at Sadar Hospital, Munger. On

Patna High Court MJC No.362 of 2021(5) dt.19-09-2022 2/3 29.01.2019 the opposite party and his family members have come at Sadar Hospital, Munger and they humiliated her mother thereafter, the opposite party and his family members have returned at Bhagalpur.

The opposite party and his family members used to say that the complainant has born a female child, therefore, her parents have to pay Rs. 5,00,000/- otherwise the opposite party will solemnized another marriage after taking divorce. It has also been submitted by learned counsel for the petitioner that the petitioner has no source of income and she is staying in her parent's house situated at village- Balipur, P.S.- Jamalpur, Dist- Munger and somehow managing her life and it is very difficult for her to appear in the Family Court, Bhagalpur on each and every date of hearing.

Learned counsel for the opposite party has been heard.

Considering the facts that the petitioner is a lady and having one and a half year old baby and it will be difficult for her to visit Bhagalpur on each and every date to contest the matrimonial case and that the opposite party will have no difficulty in contesting and in pursuing his matrimonial case in Munger, therefore, this application is allowed.

Patna High Court MJC No.362 of 2021(5) dt.19-09-2022 3/3 Accordingly, Matrimonial Case bearing No. 137 of 2020 is transferred from the Court of Principal Judge, Family Court, Bhagalpur to the Court of Principal Judge, Family Court, Munger.

The records of Matrimonial Case bearing No. 137 of 2020 should be immediately sent by the learned Principal Judge, Family Court, Bhagalpur to the Court of learned Principal Judge, Family Court, Munger.

Let a copy of this order be communicated to the learned Principal Judge, Family Court, Bhagalpur to the Court of learned Principal Judge, Family Court, Munger through FAX and e-mail for its compliance.

(Sandeep Kumar, J) Shishir/Vikas U