IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2844 of 2014
Matrimonial Reference No. 356 of 2013
Supriya Kumari Wife of Rishikesh Kumar, Daughter of Prabhu Narayan Singh
Resident of Village – Sabalpur, Babhantoli, P.O.- Sabalpur, P.S.- Sonepur, District
– Saran at present residing at Village – Dighi Kala, East, Near Pachkorba Gacchi,
P.O.- Dighikala, P.S.- Sadar Hajipur, District – Vaishali
…. …. Petitioner
Rishikesh Kumar, Son of Chandeshwar Singh, Resident of Village – Sabalpur
Babhantoli, P.O.- Sabalpur, P.S.- Sonepur, District -Chapra
…. …. Opposite Party
For the Petitioner : Mr. Manish Chandra Gandhi, Advocate
For Opposite Party : None
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
The present petition has been filed for transfer of
Matrimonial (Divorce) Case No. 356 of 2013 from the Court of learned
Principal Judge, Family Court, Chapra, Saran to the Court of learned
Principal Judge, Family Court, Vaishali at Hajipur.
2. The short facts of the case, according to the petitioner,
are that the parties were married on 02.05.2008 but subsequently, the
petitioner suffered cruelty and torture at the hands of the opposite
party and his family members and she was finally sent back to paternal
home in the district of Vaishali where she filed Complaint Case No.
2755 of 2010 giving rise to Sadar P.S. Case No. 343 of 2010 in the Court
of the learned Chief Judicial Magistrate, Vaishali at Hajipur for the
of the learned Sub-Divisional Judicial Magistrate, Hajipur, Vaishali and
that Maintenance Case No. 126 of 2010 was also filed by the petitioner
and on notice being issued to the opposite party, the opposite party
filed Matrimonial Suit No. 18 of 2011 under Section 13 of the Hindu
Marriage Act before the learned Principal Judge, Family Court, Vaishali
at Hajipur. A compromise was arrived at between the parties and
Maintenance Case as well as the Divorce Case was withdrawn.
However, once again torture and cruelty by the opposite party and his
family members ensued and finally, the petitioner was ousted from the
matrimonial home along with the young daughter. She returned to her
Naihar and filed Maintenance Case No. 96 of 2013 before the learned
Principal Judge, Family Court, Vaishali at Hajipur. Thereafter the
opposite party once again filed Matrimonial (Divorce) Case no. 356 of
2013 this time in the court of learned Principal Judge, Family Court
3. Learned counsel for the petitioner submits that she is a
poor lady and has no independent source of income save and except
Rs. 5000/- which she is receiving from the opposite party on the
condition imposed for grant of anticipatory bail to the opposite party.
The petitioner’s father is a retired person and there is no other male
member to accompany her to Chapra to contest the matrimonial case.
In any event, the opposite party would be required to attend two cases
instituted by the petitioner, Vaishali at Hajipur.
4. Despite service of notice, none has entered appearance
Patna High Court MJC No.2844 of 2014 dt.08-09-2017
on behalf of the opposite party nor is he represented today despite
5. Having heard learned counsel for the petitioner and on
careful consideration of the materials available on record, this Court
finds merit in the petition. The petitioner is a lady residing at her
parental house and has a small daughter to take care of and she would
be put to great difficulty in traveling to Chapra to attend the subject
matrimonial case. On the other hand, the opposite party will be
required to attend the two cases instituted by her at Hajipur, Vaishali.
The balance of convenience therefore lies in favour of the petitioner.
6. In the above view of the matter, this Court directs
transfer of Matrimonial (Divorce) Case No. 356 of 2013 filed at the
instance of the opposite party from the Court of learned Principal
Judge, Family Court, Chapra, Saran to the Court of learned Principal
Judge, Family Court, Vaishali at Hajipur for its disposal.
7. The petition stands disposed of.
(Vikash Jain, J)
CAV DATE N.A.
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