Shreyansh @ Shreyansh Sinha v. Chetan Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3183 of 2019 ====================================================== Shreyansh @ Shreyansh Sinha W/o Sri Chetan Sinha and D/o Sri Asim Kumar Sinha residing at House No. 21, 2nd Floor, Kasturba Path, Boring Road, Patna.

... ... Petitioner/s

Versus

Chetan Sinha S/o Sri Rajiv Ranjan Sinha permanent resident of VillageDairiya, P.P. Kolhua Paigambarpur, P.S. Ahiyapur, District- Muzaffarpur, presently residing at Gaur Atulyam Omicron 1, 130 meters road, Greater Noida, Uttar Pradesh 201310.

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate.

For the Opposite Party/s :

Mr. Chandra Kant, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2022 No one appears on behalf of either of the parties. By the order dated 12.08.2022, both the parties were directed to personally appear in this Court. But none of the parties have appeared.

The present application has been filed for transfer of Matrimonial Case No. 442 of 2018 from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Patna.

It has been submitted by learned counsel for the petitioner that the marriage between petitioner and opposite party was solemnized on 26.04.2018 and was dowry free. It is stated that while the petitoner is a simple graduate, the opposite party is B.Tech and M.Tech and is employed in Spectrum Windows and Beyond Private Ltd and is currently posted in Bhiwadi, Rajasthan.

Patna High Court MJC No.3183 of 2019(6) dt.22-08-2022 2/3 It has been submitted by learned counsel for the petitioner that after marriage, the petitioner started living with the opposite party in his rented accommodation in Bhiwadi, Rajasthan from 08.07.2018. Thereafter, the parties visited the opposite party's ancestral house in Muzaffarpur on 09.09.2018 and returned to his place of service on 14.09.2018. The opposite party contends that he last co-habitated with the petitioner on 10/11.09.2018 at his Muzaffarpur house and therefore, he has filed the subject matrimonial case in the Muzaffapur Family Court.

Learned counsel for the opposite party has been heard.

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 Patna, this application is allowed.

Accordingly, Matrimonial Case No. 442 of 2018 is transferred from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Patna.

Patna High Court MJC No.3183 of 2019(6) dt.22-08-2022 3/3 The records of Matrimonial Case No.442 of 2018 should be immediately sent by the Principal Judge, Family Court, Muzaffarpur to the Principal Judge, Family Court, Patna. Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Muzaffarpur and the Principal Judge, Family Court, Patna, through FAX for its compliance.

(Sandeep Kumar, J) guddu/- U