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Patna High CourtMJC/174/2017allowed

Amrita Kumari v. Anuj Kumar Pandey

2019-09-11Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.174 of 2017 ====================================================== Amrita Kumari Wife of Anuj Kumar Pandey, daughter of Sri Harendra Prasad Choubey, resident of Village- Belwa Ghat, P.O. Belwa, Police Station- Piprahi, District- Sheohar, at present residing at Mohalla Azad Nagar Balua Tola PO Motihari, PS Motihari Town, District East Champaran. ... ... Petitioner/s

Versus

Anuj Kumar Pandey Son of Rajendra Pandey, Resident of Village Belwa Ghat, P.O. Belwa, Police Station- Piprahi, District- Sheohar at present Resident of Madhuban Apartment, A/ 10, Block No. 1, Malahi Pakri Chowk, P.O. and P.S. Patrakar Nagar, Kankarbagh, Town and District Patna and Presently Working as Senior Sales Manager, D.K.S.H. India private Limited, Tribhuwan Complex, 2nd Floor, Block No. 3, Unit No. 240, 241, Ishwar Nagar, Mathura Road, Bahapur, Police Station- New Friends Colony, New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Kant Shukla, Mr. Shakti Suman Kumar and Mr. Rajesh Ranjan, Advocates For the Opposite Party/s :

Mr. Awadh Bihari Ojha, Sr. Advocate Mr.Nagendra Chaubey and Mr. Sanjay Parasmani, Advocates For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-09-2019 Heard Mr. Uma Kant Shukla along with Mr. Shakti Suman Kumar, learned counsel for the petitioner and Mr. Awadh Bihari Ojha, learned senior counsel along with Mr. Nagadeo Choubey, learned counsel for the opposite party.

2. The petitioner has moved the Court under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 for transfer of Matrimonial Case No. 689 of 2016, pending before the

Patna High Court MJC No.174 of 2017 dt.11-09-2019 2/3 Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, East Champaran at Motihari.

3. At the very outset, learned counsel for the opposite party submitted that the matter has been listed at his instance and on the basis of the stand that he is not opposing the prayer of the petitioner in view of the Hon'ble Supreme Court judgment.

4. Having regard to the aforesaid, the application stands allowed.

5. Matrimonial Case No. 689 of 2016, pending before the Principal Judge, Family Court, Patna stands transferred to the Court of Principal Judge, Family Court, East Champaran at Motihari. The Principal Judge, Family Court, Patna is directed to transmit the entire records of the case to the Principal Judge, Family Court, East Champaran at Motihari within two weeks from the date of receipt of a copy of this order. Upon the Principal Judge, Family Court, East Champaran at Motihari receiving the records, a fresh number shall be given in the case and the Court shall proceed, in accordance with law.

6. For the ends of justice, the Principal Judge, Family Court, East Champaran at Motihari shall send notice to the opposite party as well as to the petitioner through her father at her

Patna High Court MJC No.174 of 2017 dt.11-09-2019 3/3 parental address in Motihari in the district of East Champaran and thereafter proceed in the matter, in accordance with law. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T