Patna High CourtMJC/146/2015allowed

Smt. Chanda Gupta v. Vivek Gupta

2016-02-25Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court MJC No.146 of 2015 (06) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.146 of 2015 In MAT. SUIT 426 of 2014 ======================================================

1. Smt. Chanda Gupta, wife of Sri Vivek Gupta and Daughter of Sri Arvind Kumar, resident of village- Khusrupur, P.S.- Khusrupur, District- Patna. .... .... Petitioner/s

Versus

1. Vivek Gupta, son of Sri Jai Prakash Gupta, resident of MohallaSahebganj Sonarpati, P.S.- Chapra Town, District- Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Prasad-Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 25-02-2016 Petitioner, who is the wife seeks more favour by way of transferring adjudication of Divorce (Matrimonial) Suit No.426 of 2014, presently sailing at Family Court, Saran at Chapra on the ground that she, being a rustic lady and resident of villageKhusrupur, remote area of Patna District and further, is not in a position to attend the Court at Chapra regularly till conclusion of the trial as well as her financial status, being dependant upon her natural guardian, also not permit to share the burden. At an earlier occasion, notice was issued against the opposite party, her husband, who had declined to receive the notice whereupon the execution has been accepted, failed to appear.

Patna High Court MJC No.146 of 2015 (06) dt.25-02-2016 That being so, it is hereby directed that Divorce (Matrimonial) Suit No.426 of 2014 pending before the Family Court, Saran at Chapra be transferred to the jurisdiction of Family Court, Patna for trial and disposal.

Accordingly, petition is allowed.

However, it is made clear that as the aforesaid prayer has been entertained and allowed at the end of the petitioner/ wife on account thereof, she will not be entitled to claim litigation cost. (Aditya Kumar Trivedi, J) Vikash/- U