Lalsha Devi v. Shivji Ram
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3166 of 2015 IN Matrimonial Reference No. 105 of 2014 =========================================================== Lalsha Devi, wife of Shivji Ram, daughter of Late Harimohan Ram, resident of village- Baghi, P.O.- Itarhi, District- Buxar, at present resident of villageSohdih, P.s. Sahpur, P.O.- Birpur, District- Bhojpur .... .... Petitioner
Versus
Shivji Ram, son of Chaturbhuj Raj, resident of village- Baghi, P.O.- Itarhi, District- Buxar .... .... Opposite Party =========================================================== Appearance :
For the Petitioner : Mr. Binay Kumar Singh, Advocate For the Opposite Party: None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2017 The present petition has been filed for transfer of Divorce Case No. 105 of 2014 pending in the court of learned Principal Judge, Family Court, Buxar to the court of learned Principal Judge, Family Court, Bhojpur at Ara.
2. Learned counsel for the petitioner submits that the petitioner would face great difficulty if she is required to travel to Buxar to contest the subject divorce case. It is submitted that the petitioner is a lady with no independent source of income and there is no other male member in the family who can accompany her to Buxar for the purpose.
3. The facts stated in the transfer petition have not been controverted. Notice issued to the opposite party has been refused to
Patna High Court MJC No.3166 of 2015 dt.02-11-2017 2/2 be accepted and no appearance has been entered on behalf of the opposite party nor is he represented when the matter is called.
4. Having heard the parties and on careful consideration of the materials available on record, this Court finds merit in the petition. The balance of convenience therefore, lies in favour of the petitioner and accordingly, this Court directs transfer of Divorce Case No. 105 of 2014 from the court of learned Principal Judge, Family Court, Buxar to the court of learned Principal Judge, Family Court, Bhojpur at Ara.
5. The petition stands allowed.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 03.11.2017 Transmission Date N.A.