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Patna High CourtMJC/2784/2023allowed

Archana Kumari v. Sri Srikant Kumar

2024-08-08Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2784 of 2023 ====================================================== Archana Kumari Wife of Srikant Kumar, D/o - Sri Anil Paswan, Resident of Village - Sikariya, P.S.- Parashigha, District - Jehanabad (Bihar). ... ... Petitioner/s

Versus

Sri Srikant Kumar S/o Sri Virchand Patel, Resident of Village - Surangapur, P.S.- Jehanabad (Kalpa), District - Jehanabad (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Tiwary,Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar Priyadarshi, Adv.

Mr. Sumit Kr. Bhagat, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2024 Heard Mr Ranjeet Tiwary, learned counsel for the petitioner and Mr. Rabindra Kumar Priyadarshi, learned counsel appearing for Opposite Party.

2. The present petition has been preferred for transfer of Matrimonial Case No. 76 of 2023 from the Court of learned Principal Judge, Family Court, Purnea to the Court of learned Principal Judge, Family Court, Jehanabad.

3. It is the case of the petitioner that she resides in Jehanabad, fully dependent on parents and she is not getting any financial assistance from the Opposite Party and in that background it is impossible for her to go to Purnea from Jehanabad on each and every date.

4. Mr. Rabindra Priyadarshi representing the opposite party, on the other hand, submits that he is a Technical Assistant

Patna High Court MJC No.2784 of 2023(4) dt.08-08-2024 2/3 and may have problem coming from Purnea to Jehanabad and would like to appear through virtual mode as he may have problem both for engaging a lawyer and/or in appearance. He submits that the Opposite Party has no objection if the matter is transferred to Patna which closer to Jehanabad and on each and every date, the petitioner shall be paying Rs. 1000/- as conveyance cost to the lady if she appears physically, in case, her appearance by virtual mode, the same is not required.

5. Learned counsel for the petitioner agrees to the point that instead of Jehanabad the matter may be shifted to Patna also with an option either to appear through virtual mode and/physical mode.

6. Considering the stand taken by both the parties and with a hope that may be at a neutral place, the parties rejoin each other and live further as a couple, the MJC No. 2784 of 2023 is allowed.

7. Accordingly, Matrimonial Case No. 76 of 2023 (Srikant Kumar v. Archana Kumari) is transferred from the Court of learned Principal Judge, Family Court, Purnea to the Court of learned Principal Judge, Family Court, Patna. Both the parties will be free to appear either by way of physical mode or virtual mode and in case the petitioner appears in Patna by

Patna High Court MJC No.2784 of 2023(4) dt.08-08-2024 3/3 physical mode on the date fixed, she will be entitled to Rs. 1000/- to be paid by the petitioner on each and every date of appearance.

(Rajiv Roy, J) perwez U