Shilpi Kumari v. Abhisek Anand

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3131 of 2017 ====================================================== Shilpi Kumari wife of Ashok Anand Daughter of Brahamdeo Prasad Sah, resident of Mohalla- Bari Dariyapur, Near Bank of Baroda, P.O./ P.S.- Jamalpur, District- Munger.

.... .... Petitioner

Versus

Abhisek Anand son of Ajit Kumar Gupta, resident of Village- Kesara, P.S.- Jokihat, District- Araria.

.... .... Respondent ====================================================== With Miscellaneous Jurisdiction Case No.2770 of 2018 ====================================================== Abhishek Anand, son of Ajit Kumar Gupta, resident of village and Post - Kesarra, P.S. - Jokihat, District - Araria.

.... .... Petitioner

Versus

Shilip Kumari, wife of Abhishek Anand, daughter of Brahmdeo Prasad Sah, resident of Mohalla - Bardariyapur near Bank of Baroda, P.O. & P.S. - Jamalpur, District - Munger.

.... .... Respondent ====================================================== Appearance :

(In MJC No.3131 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey For the Respondent/s : Mr.

(In MJC No.2770 of 2018) For the Petitioner/s : Mr. Baleshwar Kamat For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 6.

14-09-2018 While MJC No. 3131/2017 has been preferred by the wife seeking transfer of Matrimonial Case No. 60/2017 pending in the court of learned Principal Judge, Family Court, Araria to the court of learned Principal Judge, Family Court, Munger, MJC No. 2770/2018 has been filed by the husband seeking transfer of the Matrimonial Case No. 92 of 2017 from Munger to any other

Patna High Court MJC No.3131 of 2017 (6) dt.14-09-2018 court save and except the court at Munger. For this reason M. J.C. No. 2770 of 2018 has been notified today. Let the defect in M.J.C. No. 2270 of 2018 be ignored. Learned counsel for the parties have argued the matter initially to some extent pointing out their individual difficulties to this court, but at the end both the parties agree that the matrimonial suit may be transferred to the court of learned Principal Judge, Family Court, Lakhisarai as the said place will be convenient for both of them. In the aforesaid view of the matter, both the applications are being disposed off with a direction that the records of Matrimonial Case No.

60/2017 pending in the court of learned Principal Judge, Family Court, Araria be transferred to the court of learned Principal Judge, Family Court, Lakhisarai within a period of 15 days from the date of receipt/production of a copy of this order. Since the present Matrimonial (Divorce) Suit is being transferred with consent of the parties, the Matrimonial Suit No.

Patna High Court MJC No.3131 of 2017 (6) dt.14-09-2018 be taken up together for disposal. The court shall fix one date for both the matters.

At this stage this court would also direct that because the petitioner will be visiting the court at Lakhisarai from Munger and at present she has no independent source of income, the opposite party shall pay a sum of Rs. 500/- on the date when she or her witness would be required to visit the court at Lakhisarai. The amount shall be paid in presence of the Presiding Officer which will be entered in the records.

Both the parties shall cooperate in early disposal of the matter without seeking unnecessary adjournments.

With the aforesaid observation and direction, this application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U