Manoj Kumar v. Puja Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1678 of 2017 =========================================================== Manoj Kumar, son of Sri Dayanand Yadav, resident of Mohalla-Barmasiya, P.O.- Katihar, P.S.-Katihar Muffassil, District-Katihar .... .... Petitioner

Versus

Puja Devi, W/O Manoj Kumar, permanent resident of Mohalla-Barmasiya, P.S.- Katihar Muffassil, District-Katihar, Present Address R/O Village-Mahendrapur, P.S.-Sadar, Muffassil, District-Purnea .... .... Opposite Party =========================================================== Appearance :

For the Petitioner : Mr. Arun Kumar Mandal, Advocate For the Opposite Party : Mr. Ranjit Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT Date: 07-03-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the sole opposite party.

2. In the present application, the petitioner, who is the husband, is seeking transfer of Maintenance Case No.44 of 2013 from the court of Principal Judge, Family Court, Purnea, DistrictPurnea to the court of Principal Judge, Family Court, Katihar, District-Katihar.

3. Learned counsel for the petitioner submits that a series of litigations have been filed by the opposite party; some at Katihar and others at Purnea. It is submitted that the parties have been litigating since 2008 itself and the present maintenance case is pending before the Principal Judge, Family Court, Purnea and the depositions of the opposite party have already been made. He,

Patna High Court MJC No.1678 of 2017 dt.07-03-2018 2/3 however, submits that in view of the fact that the two other criminal cases filed by the opposite party are pending at Katihar, the present maintenance case may also be transferred to Katihar, where the opposite party is residing. It is further submitted that the opposite party in her deposition in the maintenance case has submitted that she is living in a room of the house belonging to the petitioner, though her son is living in Katihar. Learned counsel for the petitioner further submits that since depositions are complete, if the case is transferred to Katihar where the petitioner is working, it would be too convenient and also in the interest of justice and would also facilitate the expedient disposal of the case. He thus prays that the aforementioned case be transferred from Purnea to Katihar.

4. Learned counsel appearing on behalf of the opposite party has placed stiff resistance to the present transfer, especially in view of the fact that the depositions have already been made by the opposite party and only after depositions of the petitioner, the case can be disposed of and the maintenance case may reach to its logical conclusion and thus it would not be in the interest of the opposite party to transfer the case.

5. However, after perusal of the entire materials on record and consideration of the fact that the opposite party is normally residing at Katihar in a room, which has been given by her

Patna High Court MJC No.1678 of 2017 dt.07-03-2018 3/3 husband, it would be appropriate and in the interest of justice that the present case be also transferred to Katihar as such transfer would also be in her interest. It is directed accordingly.

6. It is further directed that after the ordersheet and the records of the case, bearing Maintenance Case No.44 of 2013, are received from the learned court of Principal Judge, Family Court, Purnea to the court of learned Principal Judge, Family Court, Katihar, the petitioner shall appear and shall move the court within a fortnight thereafter, for fixing a date for his own deposition. Thereafter, the Family Court at Katihar shall proceed to hear the matter fixing short dates and the same shall be disposed of within a period of four months thereafter.

7. It shall also be open to the opposite party to approach the Family Court at Katihar for expeditious disposal of the interim maintenance matter, which, as this Court is informed, is still pending in the Family Court at Purnea.

8. The application stands disposed of accordingly. (Anjana Mishra, J) PNM AFR/NAFR NAFR CAV DATE NA Uploading Date09.03.2018 Transmission Date NA