Smt. Smita Kumari vs Yashwant Kumar on 4 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1485 of 2016

Smt. Smita Kumari Daughter of Sri Sita Ram Pandit, Wife of Yashwant Kumar,
Resident at Rajendra Nagar (Awash Board), Police Station- Khagaria Sadar,
District- Khagaria.

…. …. Petitioner
Versus
Jaswant Kumar Son of Sri Rajendra Pandit, Resident of Sri Krishna Nagar, near
Purnea Court Railway Station, Police Station- K. Hat, District- Purnea.

…. …. Opposite Party
With

Miscellaneous Jurisdiction Case No. 1632 of 2017

Jaswant Kumar, Son of Sri Rajendra Pandit, Resident of Sri Krishna Nagar, near
Purnea Court Railway Station, Police Station- K. Hat, District- Purnea.

…. …. Petitioner
Versus
Smt. Smita Kumari, daughter of Sri Sita Ram Pandit, Wife of Yashwant Kumar,
Resident at Rajendra Nagar (Awash Board), Police Station- Khagaria Sadar,
District- Khagaria.

…. …. Opposite Party

Appearance :

(In MJC No.1485 of 2016)
For the Petitioner : Mr. Bishweshwar Ram, Advocate
For Opposite Party : Mr. Kumar Uday Singh,
Mr. Madanjeet Kumar, Advocates
(In MJC No.1632 of 2017)
For the Petitioner : Mr. Madan Jeet Kumar
Mr. Kumar Uday Singh, Advocates
For Opposite Party : Mr. Bishweshwar Ram, Advocate

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 04-09-2017

MJC No. 1485 of 2016

The present petition has been filed for transfer of

Matrimonial (Divorce) Case No. 17 of 2016 pending in the court of

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

Principal Judge, Family Court, Khagaria.

2. The short facts of the case, according to the petitioner,

are that the parties were married on 13.06.2004 and a male child was
Patna High Court MJC No.1485 of 2016 dt.04-09-2017

2/3

born from the wedlock who is now about 10 years of age. She suffered

continued ill-treatment and torture at the hands of her in-laws and was

finally ousted from the matrimonial home after which she came to reside

at her parental home at Khagaria. The petitioner is a practicing Advocate

of Khagaria Civil Court since 2011, where she had instituted Complaint

Case No. 201C of 2016 for the offence under Section 498A of the Indian

Penal Code which is pending before the learned Sub-Divisional Judicial

Magistrate, Khagaria.

3. Learned counsel for the petitioner has submitted that

the petitioner would be put to great difficulty as she has to travel to

Purnia in order to contest the matrimonial divorce case. It is stated that

the petitioner does not have much income and depends upon her father

who is also a practicing Advocate in the Civil Court at Khagaria for her

upkeep along with her son.

4. Learned counsel for the opposite party opposes the

petition for transfer of the matrimonial case. In any event, considering

that the main reason for seeking transfer by the petitioner is her

financial constraints, learned counsel for the opposite party states on

instruction that the opposite party is prepared to meet the reasonable

travel expenses of the petitioner for attending the case at Purnia.

5. Having heard learned counsel for the parties and on

careful consideration of the materials available on record, this Court is of

the view that the main difficulty expressed by the petitioner is with

regard to the financial constraints in attending the case at Purnia, would

be taken care of by the offer made by the opposite party to meet her
Patna High Court MJC No.1485 of 2016 dt.04-09-2017

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reasonable expenses for attending the case at Purnia.

6. In the above view of the matter, this Court directs that

the opposite party shall pay the train fare by second class both ways

between Khagaria and Purnia together with Rs. 500/- for general

expenses for each date when the petitioner is required to physically

attend the court at Purnia. The petition accordingly stands disposed of.

MJC No. 1632 of 2017

7. The present petition has been filed on behalf of the

petitioner husband for transfer of Matrimonial Suit No. 17 of 2016

pending in the court of learned Principal Judge, Family Court, Purnia to

the Court of learned Principal Judge, Family Court, Bhagalpur.

8. Having regard to the nature of the judgment passed in

MJC No. 1485 of 2016 as above, learned counsel for the petitioner states

that the present petition need no longer be pressed.

9. This petition stands disposed of in the above terms.

(Vikash Jain, J)
B.T/Chandran

AFR/NAFR NAFR
CAV DATE N.A.
Uploading 06.09.2017
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