Patna High CourtMJC/3555/2023allowed

Raj Nandani Kumari v. Raja Kumar Gupta

2024-09-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3555 of 2023 ====================================================== Raj Nandani Kumari Wife of Raja Kumar, Resident to Village and PO- Basem Bazar, PS-Khaira (NTPC), District-Aurangabad, Presently Address of D/ORajesh Kumar, resident of Village/Mohalla- Pratap Patty, Ward No.-8, Mahaveer Asthan, PS- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

Raja Kumar Gupta Son of- Sri Devmuni Prasad Gupta, Resident of VillageBarem, P.S.- NTPC, Khaira, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Ranjan For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2024 Heard the parties.

2. This is an application for transfer of Matrimonial Case No. 102 of 2023 from the court of learned Principal Judge, Family Court, Aurangabad to the court of learned Principal Judge, Family Court, Muzaffarpur.

3. In this case on 22.08.2024, notice was issued to the sole Opposite Party and as per the office note dated 18.09.2024, it has validly served upon Opposite Party. However, there is no appearance from his side.

4. The lady has assigned the reasons in paragraphs 10 to 12 of the petition which read as follows:- "10 That the petitioner resides in her Maika at Sahebganj under Muzaffarpur district and Sahebganj situated 60 KM

Patna High Court MJC No.3555 of 2023(4) dt.19-09-2024 2/2 distance from Muzaffarpur town. Whereas complaint case is pending. .

11. That the distance of Sahebganj to Aurangabad is about 270 KM and it is very difficult for the petitioner to attend the Aurangabad Court on the date fixed in Matrimonial Case no. 102 of 2023.

12. That the petitioner is dependent on only her father and she has got no personal income."

5. Considering the facts incorporated in the aforesaid paragraphs as also the submission, M.J.C. No. 3555 of 2023 is allowed.

6. Accordingly, let the files of Matrimonial Case No. 102 of 2023 be transferred from the court of learned Principal Judge, Family Court, Aurangabad to the court of learned Principal Judge, Family Court, Muzaffarpur, with permission to both the parties either to appear physically or through the video conferencing.

(Rajiv Roy, J) perwez U