Rashmi Praveen v. Md. Farooque

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2883 of 2019 ====================================================== Rashmi Praveen ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Singh For the Opposite Party/s :

Mr.Nitya Nand Neeraj ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-09-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Matrimonial Case No. 119 of 2018 from the Court of Principal Judge, Family Court, Jehanabad to the Court of Principal Judge, Family Court, Patna.

It has been submitted by learned counsel for the petitioner that the Nikah (marriage) between petitioner and opposite party was solemnized in the year 2013 and after some period of the Nikah, the opposite party went to Saudi Arabia and after that the elder sister of the opposite party namely Yashmin with her husband Sakil Ahmad with the Sasurali family of the opposite party started abusing and Marpit with the petitioner at the instance of the opposite party, the petitioner ultimately came to her parents place who were then residing at Tehta and the

Patna High Court MJC No.2883 of 2019(4) dt.16-09-2022 2/3 petitioner has also been ousted by the opposite party forcefully. From the wed-lock of the petitioner with the opposite party, the petitioner gave a birth of one baby child on 14.05.2018. The petitioner has no source of income and she is staying in her parent's house at present in Patna, and somehow managing her life and it is very difficult for her to appear in the Family Court, Jehanabad on each and every date of hearing.

Learned counsel for the opposite party has been heard.

Considering the fact that the petitioner being a lady with her baby child are residing with her parents at Patna and has no source of income and it will be difficult for her to visit Jehanabad 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 divorce case in Patna, this application is allowed.

Accordingly, Matrimonial Case No. 119 of 2018 is transferred from the Court of Principal Judge, Family Court, Jehanabad to the Court of Principal Judge, Family Court, Patna. The records of Matrimonial Case No. 119 of 2018 should be immediately sent by the Principal Judge, Family Court, Jehanabad to the Principal Judge, Family Court, Patna.

Patna High Court MJC No.2883 of 2019(4) dt.16-09-2022 3/3 Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Jehanabad and the Principal Judge, Family Court, Patna, through FAX for its compliance. (Sandeep Kumar, J) Guddu/- U