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Patna High CourtMJC/1861/2021allowed

Kumari Madhuri @ Madhuri Singh @ Kumari Madhuri Thakur, v. Abhishek Singh @ Bittu,

2022-06-29Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1861 of 2021 ====================================================== Kumari Madhuri @ Madhuri Singh @ Kumari Madhuri Thakur, Wife of Abhishek Singh @ Bittu and Daughter of Vijay Kumar Thakur @ Manoj Thakur, Resident of Village - Parwalpatti Parsauni, Pratappatti, P.O. - Karnaul, P.S.-Sahebganj, District-Muzaffarpur. At present residing at VillageMura, P.O.-Tarwar, P.S.-Amnaur, District-Saran (Chapra). ... ... Petitioner

Versus

Abhishek Singh @ Bittu, Son of Arun Kumar Singh, Resident of VillageParwalpatti Parsauni, Pratappatti, P.O.-Karnaul, P.S.-Sahebganj, DistrictMuzaffarpur. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 29-06-2022 Despite valid service of notice, none appears for the opposite party.

The present application has been filed for transfer of Matrimonial Case No. 104 of 2018 from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Saran at Chapra. It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized in the year 2016 and the petitioner was being tortured by her husband and her in-laws for demand of dowry and on account of non-fulfillment thereof, the petitioner

Patna High Court MJC No.1861 of 2021 dt.29-06-2022 2/3 was thrown out of the matrimonial home in the year 2018 and thereafter, the Matrimonial Case for divorce was filed by opposite party.

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 and some how managing her life.

Considering the fact that the petitioner is a lady and has no source of income and it will be difficult for her to visit Muzaffarpur on each and every date to contest the divorce case and that the opposite party will have no difficulty in contesting and in pursuing his divorce case in Saran at Chapra, this application is allowed.

Accordingly, Matrimonial Case No. 104 of 2018 is transferred from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Saran at Chapra.

The records of Matrimonial Case No. 104 of 2018 should be immediately sent by the Principal Judge, Family Court, Muzaffarpur to the Principal Judge, Family Court, Saran at Chapra.

The Principal Judge Family Court, Saran at Chapra

Patna High Court MJC No.1861 of 2021 dt.29-06-2022 3/3 is directed to dispose of the Maintenance Case No.229 of 2019 filed by the petitioner within a period of three months from today.

Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Muzaffarpur and the Principal Judge, Family Court, Saran at Chapra through FAX for its compliance.

(Sandeep Kumar, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 07.07.2022 Transmission Date