Shankar Kr. Yadav v. Soni Kumari Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3845 of 2016 In Miscellaneous Case No. 156 of 2016 ====================================================== Shankar Kr. Yadav, S/o Laxman Singh, Resident of Village- Patkhauliya, P.S.- Dhansoai, District- Buxar.

.... .... Petitioner

Versus

Soni Kumari Devi, W/o Shankar Kumar Yadav, D/o Baban Singh, Resident of Mohalla- Power Grid, Zero Mile, Vir Kuwar Singh University, Near Southern Wall, Chandrawati Bhawan, New Delhi Public School, P.S.- Udwantnagar, District- Bhojpur (Ara), Bihar.

.... .... Opp. Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Gupta For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

02-03-2017 Heard Sri Arun Kumar Gupta, learned counsel for the petitioner.

The present petition has been filed by the husband of opposite party, with a prayer to transfer the record of Miscellaneous Case No. 156 of 2016 from the court of Principal Judge, Family Court, Bhojpur at Ara to the court of Principal Judge, Family Court, Buxar.

It was submitted by learned counsel for the petitioner that there is apprehension to his life, if petitioner participates in proceeding in the court at Bhojpur at Ara. However, at the time of argument, it was accepted that miscellaneous case i.e. Miscellaneous Case No. 156 of 2016 has been filed by the wife

Patna High Court MJC No.3845 of 2016 (3) dt.02-03-2017 2/2 claiming maintenance. It was further submitted by learned counsel for the petitioner that petitioner has also filed a case for restitution of conjugal right at Buxar.

Considering the fact that the miscellaneous case pertains to claim of maintenance by the wife, it would not be appropriate to transfer the record from Ara to Buxar, otherwise, it will cause serious prejudice to the wife.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T