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Patna High CourtMJC/3630/2019allowed

Munni Kumari v. Sukesh Kumar Malakar

2022-06-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3630 of 2019 ====================================================== Munni Kumari Wife of Sukesh Kumar Malakar, Daughter of Gopal Prasad Malakar Resident of Village Fatehpur Bala P.S. Musarigharari District Samastipur at Present Village Puraiganj P.S.- Kasim Bazar District- Munger. ... ... Petitioner/s

Versus

Sukesh Kumar Malakar Son of Late Surya Narayan Bhagat Resident of Village Fatehpur Bala P.S.- Musarigharari District Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uttam Kumar Mishra For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2022 Heard the parties.

The petitioner is the wife of the opposite party No. 1, namely, Sukesh Kumar Malakar, who has filed this application for transfer of Matrimonial Case No. 52 of 2019 from the Principal Judge, Family Court Samastipur to Principal Judge, Family Court, Munger.

It has been contended by learned counsel for the petitioner that the notice has been validly served upon the opposite party No. 1.

The petitioner has no source of income and cannot travel to Samastipur to contest the matrimonial case. She is also having two children and they stay with the petitioner and on behalf of the Respondent, no one had appeared. Considering the facts of the case, this Matrimonial

Patna High Court MJC No.3630 of 2019(3) dt.21-06-2022 2/2 Case No. 52 of 2019 is directed to be transferred in the Court of Principal Judge, Family Court, Munger from the Principal Judge, Family Court, Samastipur.

After transfer of the case in the Court of Principal Judge, Family Court, Munger, the Principal Judge, Munger will issue notice to both the parties and, thereafter, the proceeding will continue in the Court of Principal Judge, Family Court, Munger.

With the aforesaid observation and direction, this application is allowed.

(Sandeep Kumar, J) Saif/- U