Neha Kumari v. Rajesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2982 of 2024 ====================================================== Neha Kumari Wife of Rajesh Kumar Resident of 29 S.K. Colony, Near Malahi Pakri Chowk, Police Station- Patrakar Nagar, District- Patna, Daughter of Vinod Kumar, presently residing at Vidyadhar, Ward No.- 06, Police Station- Khagaria, District- Khagaria. ... ... Petitioner/s
Versus
Rajesh Kumar Son of Ramashish Singh Resident of 29 S.K. Colony, Near Malahi Pakri Chowk, Police Station- Patrakar Nagar, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Vinay Pd. Singh, Advocate For the Opposite Party/s :
Mr.Raghwendra Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2024 Heard the parties.
2. The present petition has been preferred for transfer of Matrimonial (Divorce) Case 1009/2023 from the Court of learned Principal Judge, Family Court, Patna to the Court of learned Principal Judge, Family Court, Khagaria.
3. In this case, the opposite party has appeared suo moto and submits that he has no opposition to the transfer of the files from Patna to Khagaria but he may be allowed to appear through physically or through virtual mode.
4. The lady has narrated the facts in paras-10 to 12 which read as follows:
10. that it is further submitted that petitioner being young age girl and due to consistent torture and mental trauma she is very much frightened and as such she may not
Patna High Court MJC No.2982 of 2024(3) dt.26-09-2024 2/3 pursue the case coming from Khagaria to Patna. Since father of the petitioner is a poor farmer doing small business at Khagaria to look after three daughters as has no male child;
11. that the petitioner is scarcely leading her penury life and engaged herself to teach in one Private School at Khagaria from where she gets Rs. 4,000/- (Rs.
Four Thousand) and as such if the criminal case bearing Patrakar Nagar Police Station Case No. 249 of 2023 pending in the Court of learned Judicial Magistrate- 1"
Class, Patna to the learned Court having same jurisdiction under learned Civil Court, Khagaria so that petitioner may pursue both the cases properly;
12. that it is relevant to mention
Patna High Court MJC No.2982 of 2024(3) dt.26-09-2024 3/3 hereby that Opposite Party suppressing the material facts with regard to his earlier marriages with another girl and only showing his status as Probationary Officer in Bank cheated the father of the present petitioner and under such circumstances marriage of the petitioner was solemnized with the petitioner.
5. In that background and considering that there is no opposition from the opposite party, the MJC No. 2982 of 2024 is allowed.
6. The files of Matrimonial (Divorce) Case 1009/2023 is transferred from the Court of learned Principal Judge, Family Court, Patna to the Court of learned Principal Judge, Family Court, Khagaria with liberty to both the parties either to appear physically or through virtual mode.
7. The MJC No. 2982 of 2024 is disposed of.
(Rajiv Roy, J) Ravi/- U