Sima Kumari @ Kumari Arpita v. Rupesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3411 of 2023 ====================================================== Sima Kumari @ Kumari Arpita Wife of Rupesh Kumar, D/o Ram Surat Sah, Resident of Village- Parsauni, P.S Parsauni, District- Sitamarhi. ... ... Petitioner/s
Versus
Rupesh Kumar Son of Late Pramod Kumar Resident of village- Sumera @ Afzalpur Madho, P.S. Kudhani, District- Muzaffarpur, Mob. No.6206278898 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar, Adv.
For the Opposite Party/s :
Mr.Mohammed Abu Haidar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2024 Heard the parties.
2. This is an application for transfer of Divorce Case No. 309 of 2023 from the court of learned Principal Judge, Family Court, Muzaffarpur to the court of learned Principal Judge, Family Court, Sitamarhi.
3. Pursuant to the notice issued on 19.07.2024, the sole Opposite Party has appeared.
4. The lady has assigned the reasons in paragraphs 12 and 13 of the petition which read as follows:- "12 That it is submitted that admittedly the house of petitioner is situated in the remote village within the District Sitamarhi far away at about 65 K.M. from Muzaffarpur and it is not possible for the petitioner to attend the Matrimonial Case on every date
Patna High Court MJC No.3411 of 2023(4) dt.19-09-2024 2/2 after coming from a remote village of District of Sitamarhi with child.
13. That presently petitioner is also not being maintained by her husband and anyhow she is living with her old father and mother. "
5. Learned counsel for the Opposite Party submits that his mother is ill and as such he may be allowed to appear either physically or through video conferencing if at all the case is transferred.
6. Both the parties have got valid reasons, one for transfer and other for appearing through virtual mode, in that background, M.J.C. No. 3411 of 2023 is allowed.
7. Accordingly, let the files of Divorce Case No. 309 of 2023 be transferred from the court of learned Principal Judge, Family Court, Muzaffarpur to the court of learned Principal Judge, Family Court, Sitamarhi, with permission to both the parties either to appear physically or through the video conferencing.
(Rajiv Roy, J) perwez U