Patna High CourtMJC/3063/2015allowed

Komal v. Mr. Sonu Kumar

2018-01-24Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3063 of 2015 In Matrimonial Reference No. 311 of 2015 ====================================================== Komal D/o Sri Harendra Singh, W/o Sonu Kumar resident of MohallaYarpur Rajputana, shivji Path , Near 2K Bhawan, P.s- Gardanibagh, District Patna .... .... Petitioner/Opposite Party

Versus

Mr. Sonu Kumar Son of late Tribhuwan Kunwar Resident of Village - Manipur, Bhusara, Po Husna, P.S Gayghat, District Muzaffarpur .... .... Applicant/Opposite party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar Sinha No.-1 For the Respondent/s : Mr. Sc12 Prabhat Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

The petitioner seeks transfer of Matrimonial Case (Restitution) No. 311 of 2015 from Principal Judge, Family Court, Muzuffarpur to Principal Judge, Family Court, Patna filed by the Opposite party No. 2 for restitution of his conjugal rights. Learned counsel for the petitioner submits that on several occasion the petitioner has tried to reconcile the matter but she has been repeatedly tortured on account of demands of dowry and now she is not in a position to go to Muzuffarpur for participating in the case. The case has since been admitted and the petitioner is a outsider whereas the opposite party is a local

Patna High Court MJC No.3063 of 2015 (9) dt.24-01-2018 2/2 person and has been intimidating the petitioner. Under such circumstances, she prays that the matrimonial case bearing Matrimonial Case (restitution) No. 311 of 2015 to be transferred from Principal Judge, Family Court, Muzuffarpur to Principal Judge, Family Court, Patna.

After hearing learned counsel for the petitioner and learned counsel for the opposite party, who submits that he is willing to compromise with the petitioner, this court is of the considered opinion that in the interest of justice, it would be expedient an appropriate to transfer the Matrimonial Case (restitution) No. 311 of 2015 from the Court of Principal Judge, Family Court, Muzuffarpur to the Court of Principal Judge, Family Court, Patna. It is ordered accordingly. The M.J.C. application stands disposed of.

(Anjana Mishra, J) Jagdish/- U