Annu Kumari vs Shambhu Kumar on 31 July, 2017

Patna High Court MJC No.2859 of 2015 dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2859 of 2015
IN
Matrimonial Reference No. 2582 of 2015

Annu Kumari, W/o Shambhu Kumar , D/o Sri Udho Pandit Resident of Mohalla-
Naya tola, Purani Bazar, Lakhisarai (Near Mahila Vidya Mandir Madhya
Vidayalaya) Ward no. 12, P.S. District- Lakshisarai, at present resident of
Mohalla- Lohiya Nagar, ward No. 31, Post Suhirdya Nagar ,P.S Lohiya Nagar,
District Begusarai.

…. …. Petitioner
Versus

Shambhu Kumar, S/o Sri Krishna Pandit, Resident of Mohalla-Naya tola ,
Purani Bazar, Lakhisarai (Near Mahila Vidya Mandir Madhya Vidyalaya) Ward
No , 12, P.S District Lakhisarai.

…. …. Opposite Party

Appearance :

For the Petitioner : Mr. Vijay Kumar, Advocate
For the Opposite Party : None

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 31-07-2017

The present petition has been filed for transfer of Matrimonial

Case No. 47 of 2015 pending in the Court of learned Principal Judge,

Family Court, Lakhisarai to the Court of learned Principal Judge,

Begusarai.

2. The short facts of the case according to the petitioner are that

the parties were married on 24.05.2013, but soon thereafter the

petitioner was subjected to cruelty and torture at the hands of the

opposite party and his family members forcing her to come to reside at

her paternal home at Begusarai where she instituted Complaint Case No.

2582(c) of 2015 under Section 498A and allied Sections of the Indian
Patna High Court MJC No.2859 of 2015 dt.31-07-2017

Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the

Matrimonial Case No. 47 of 2015 filed by the opposite party seeking

restitution of conjugal rights, in which she received notice only after she

had already instituted Complaint Case No. 2582(c) of 2015. It is

submitted that the petitioner is an unemployed lady without any source of

income and is unable to go to Lakhisarai to contest the Matrimonial Case.

It is submitted that the opposite party would in any event require to

attend the Complaint Case No. 2582(c) of 2015 at Begusarai and he could

well pursue the matrimonial case at Begusarai as well.

4. None appears on behalf of the opposite party when the

matter is called. On the last three dates Mr. Amaresh Kumar Sinha,

learned counsel stated that he had instructions to file Vakalatnama on

behalf of the opposite party and sought time for the same. Today however

he is not present when the matter is called nor any Vakalatnama filed on

behalf of the opposite party.

5. Having heard learned counsel for the petitioner and on a

consideration of the materials on record, this Court finds merit in the

petition. The petitioner claims to be an unemployed lady having no source

of income and would find it difficult to go to Lakhisarai to attend and

contest the matrimonial case. The Complaint Case No. 2582(c) of 2015

instituted by her is already pending at Begusarai which the opposite party

would require to attend at Begusarai. The balance of convenience

therefore, lies in favour of the petitioner and accordingly Matrimonial

Case No. 47 of 2015 pending in the Court of learned Principal Judge,
Patna High Court MJC No.2859 of 2015 dt.31-07-2017

Family Court, Lakhisarai is directed to be transferred to the Court of

learned Principal Judge, Begusarai.

6. M.J.C. No. 2859 of 2015 stands allowed.

(Vikash Jain, J)

Chandran/Ibrar

AFR/NAFR NAFR
CAV DATE N.A.
Uploading 01.08.2017
Date
Transmission N.A.
Date

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