Vijaya Laxmi @ Lusi, v. Yashpal,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4278 of 2019 ====================================================== Vijaya Laxmi @ Lusi, D/o Shri Krishna Nand Singh, Resident of VillageRampur Kala, P.S.-Khiara, District-Saran, At present residing at Samta Colony, Ward no. 28, P.S. / Town-Hajipur, District-Vaishali. ... ... Petitioner/s

Versus

Yashpal, Son of Shri Babhan Prasad Singh, Resident of Village-Rampur, P.O.- Rampur Kala, P.S.-Khaira, District-Saran at Chhapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Mishra For the Opposite Party/s :

Mr.Sachida Nand Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-08-2022 Heard learned counsel for the parties.

The present application has been filed for transfer of Divorce Case No. 170 of 2019 from the Court of Principal Judge, Family Court, Saran at Chhapra to the Court of Principal Judge, Family Court, Vaishali at Hajipur.

The marriage between the petitioner and opposite party was solemnized as per the Hindu Rites and Rituals on 27.01.2018 at Mohalla Bari Yusufpur, P.O. Jadhua, P.S.- Ganga Bridge, District- Vaishali at Hajipur.

Learned counsel for the petitioner stated that the parents of the petitioner had given the gifts beyond their capacity due to love and affection to their daughter. The opposite party took it otherwise and they started demanding

Patna High Court MJC No.4278 of 2019(4) dt.12-08-2022 2/3 dowry from the parents of the petitioner. On one or two occasions, the parents of the petitioner fulfilled the demand of the opposite party but as it is not possible for anyone to fulfilled the indefinite demand of anyone, they stopped fulfilling the demand of the opposite party.

At the very outset, learned counsel for the petitioner stated that the opposite party namely Yashpal i.e. husband of the petitioner used to torture the petitioner when she was living with him and there is every chance that the opposite party will threaten the petitioner and the petitioner will not be able to pursue the case in Saran at Chhapra.

Learned counsel for the opposite party has been heard.

Considering the fact that the petitioner is a lady and it will be difficult for her to visit Saran at Chhapra on each and every date to contest the divorce case and that the opposite party will have no difficulty in contesting and in pursuing his divorce case in Vaishali at Hajipur, this application is allowed. Accordingly, Divorce Case No. 170 of 2019 is transferred from the Court of Principal Judge, Family Court, Saran at Chhapra to the Court of Principal Judge, Family Court, Vaishali at Hajipur.

Patna High Court MJC No.4278 of 2019(4) dt.12-08-2022 3/3 The records of Divorce Case No.170 of 2019 should be immediately sent by the Principal Judge, Family Court, Saran at Chhapra to the Principal Judge, Family Court, Vaishali at Hajipur.

Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Gopalganj and the Principal Judge, Family Court, Buxar, through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U