Shivangi Kumari @ Shivangi Sharma v. Suresh Kumar Sharma

Patna High Court C.Misc. No.1401 of 2017 (2) dt.16-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1401 of 2017 ======================================================

1. Shivangi Kumari @ Shivangi Sharma W/o Suresh Kumar Sharma, D/o Shambhu Lal Vishwakarma Resident of Mohalla - Chitrakut Nagar, Danapur, P.S. - Digha, District - Patna.

.... .... Appellant/s

Versus

1. Suresh Kumar Sharma S/o Late Babu Lal Sharma resident of Mohalla - Bhagwan bazar, Near Shisha Godam, P.S. - Bhagwan Bazar, District Saran, Chapra.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner.

The petitioner has filed this civil miscellaneous petition for a direction to the Principal Judge, Family Court, Patna to dispose of Matrimonial Case No.261 of 2012. The petitioner earlier filed M.J.C. No.3597 of 2012 for transfer of Divorce Case No.132 of 2011 pending in the Court of Principal Judge, Family Court, Chapra to the Court of Principal Judge, Family Court, Patna and this Court vide order dated 18.01.2012 directed the matrimonial suit being Divorce Case No.132 of 2011 for transfer of the same to the Principal Judge, Family Court, Patna. Thereafter, after having received the records of Matrimonial Suit No.132 of 2011 it was numbered as

Patna High Court C.Misc. No.1401 of 2017 (2) dt.16-05-2018 Matrimonial Case No.261 of 2012. The petitioner-wife has already filed written statement and the case is fixed for the evidence of the petitioner-husband but since 2012 on one pretext or other, the case is being adjourned.

Taking into consideration the facts that the husband and wife are fighting the litigation for last seven years and the case is still pending for the evidence of the petitioner-husband. Principal Judge, Family Court, Patna is directed to expeditiously dispose of Matrimonial Case No.261 of 2012 preferably within nine months from the date of receipt of this order. With this observation, this civil miscellaneous petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U