Supriya Kumari vs Rishikesh Kumar on 8 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2844 of 2014
IN
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
Versus
Rishikesh Kumar, Son of Chandeshwar Singh, Resident of Village – Sabalpur
Babhantoli, P.O.- Sabalpur, P.S.- Sonepur, District -Chapra
…. …. Opposite Party

Appearance :

For the Petitioner : Mr. Manish Chandra Gandhi, Advocate
For Opposite Party : None

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 08-09-2017

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

offence under Sections 498A, 323 and 341 of the Indian Penal Code and

Section 3/4 of the Dowry Prohibition Act which is pending in the court
Patna High Court MJC No.2844 of 2014 dt.08-09-2017

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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Maintenance Case as well as the Divorce Case was withdrawn.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

Chapra, Saran.

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
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on behalf of the opposite party nor is he represented today despite

repeated calls.

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)
B.T/Chandran
AFR/NAFR NAFR
CAV DATE N.A.
Uploading 12 .09.2017
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Transmission N.A.
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