Guriya Kumari v. Sunil Kumar Chaudhary Alias Munnu

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3582 of 2016 ====================================================== Guriya Kumari, Wife of Sunil Kumar Chaudhary, D/o Sri Ram Deo Chaudhary, Resident of Vilage:- Fatehabad, PS:- Paroo, District :- Muzaffarpur, at present residing at Mohalla Katara, PS:- Town Hajipur, District:- Vaishali .... .... Petitioner/s

Versus

Sunil Kumar Chaudhary Alias Munnu Son of Sri Deonath Chaudhary Resident of village- Fatehabad, PS:- Paroo at present residing at Sikandarpur Phulwari, PS:- Town, District:- Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned counsel representing the Opposite Party.

In the facts of the present case where the petitioner is seeking transfer of the Matrimonial Case from the Court of learned Principal Judge, Muzaffarpur to the Court of learned Principal Judge, Family Court, Vaishali at Hajipur which has a distance of about 50 Kms. from one side, what has transpired is that in fact, there are other cases between the parties which are being fought at Patna City and at Hajipur.

Learned counsel for the Opposite Party has informed this Court that the Opposite Party is being paid some maintenance amount for the present and is willing to pay the travelling cost and the expenses to the petitioner for her visiting the Court at

Patna High Court MJC No.3582 of 2016 (5) dt.24-08-2018 2/2 Muzaffarpur on the dates fixed by the Court.

Considering the facts and circumstances of the case and the distance and good availability of transport facility between the two places, instead of transferring the records of the case from Muzaffarpur to Hajipur, this Court feels it just and proper to dispose of this application taking note of the undertaking of the Opposite Party through his Lawyer that he will pay a sum of Rs.300/- to the petitioner on each and every dates she would visit the Court at Muzaffarpur on the dates fixed in the Matrimonial Case. Such payment will be made in presence of the Presiding Officer and the receipt thereof shall be obtained on the records of the Matrimonial Case.

Learned counsel for the petitioner, however, submits that he will get information from the petitioner as to whether she is being paid some maintenance amount or not.

It is made clear that if the maintenance amount is fixed by any competent Court and is not being paid by the Opposite Party to the petitioner, the petitioner would be at liberty to seek execution of the order in accordance with law. The application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha U