IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2880 of 2015
IN
Matrimonial Reference No. 5694 of 2014
Nilophar Perween wife of Md. Samir, resident of Kaghzi Mohalla, P.S.-
Biharsharif, District- Nalanda.
…. …. Petitioner
Versus
1. Mohammad Samir son of Late Abdul Sattar, Resident of Ajij Manzil, Mohalla-
Phulwarisharif, PS- Phulwarisharif, District- Patna.
2. Shamima Khatoon, wife of Md. Kalimuddin, R/o Kagzi Mohalla- Sistari,
Hospital More Near Chhoti Dargah, PO and PS- Biharsharif, Nalanda.
…. …. Opposite Parties
Appearance :
For the Petitioners : Mr. Fakhruddin Ali Ahmad
Mr. Md. Naseem Mukhtar, Advocates.
For the Opposite Parties : Mr. Dileep Kumar Jha, Advocate.
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 04-10-2017
Heard learned counsel for the petitioner and learned
counsel for the opposite parties.
2. The present petition has been filed for transfer of
Matrimonial Case No. 5694 of 2014 pending in the Court of learned
Principal Judge, Family Court, Patna to the Court of learned Principal
Judge, Family Court, Nalanda.
3. The short facts of the case according to the petitioner
are that she was married to the opposite party no. 1 on 20.10.2013 and
subsequently a male child was born from the marriage. The petitioner
was ill-treated and tortured by her in-laws and finally ousted along
with her son from the matrimonial house after which she came to
Patna High Court MJC No.2880 of 2015 dt.04-10-2017 2
reside with her mother at Biharsharif and filed Complaint Case No. 46
of 2015 under Section 498A of the Indian Penal Code before the
learned Chief Judicial Magistrate, Nalanda.
4. Learned counsel for the petitioner submits that she is a
poor lady without any source of income and has a small son presently
about three years of age to look after. It is submitted that she would be
in great difficulty if she is required to travel to Patna to contest the
matrimonial case.
5. Appearance has been entered on behalf of the Opposite
Party Nos. 1 and 2 pursuant to issuance of notice. The opposite party
no. 1 however is not represented when the matter is called. Learned
counsel for the opposite party no. 2 states that despite best efforts he is
unable to contact the opposite party no. 2.
6. Having regard the submissions made on behalf of the
petitioner, this Court finds merit in the petition. The petitioner is a
lady without any source of income and is wholly dependent on her
mother for her livelihood. The petitioner also has a small child of about
three years of age to look after. The petitioner would no doubt face
difficulty both financially as well as practically in traveling to Patna to
contest the matrimonial case. It has also been stated that there is
already a complaint case filed by her which is pending at Nalanda
which the opposite party no. 1 is required to attend. The balance of
convenience therefore, lies in favour of the petitioner.
Patna High Court MJC No.2880 of 2015 dt.04-10-2017 3
7. In the above circumstances, this Court directs transfer of
Matrimonial Case No. 5694 of 2014 from the Court of learned Principal
Judge, Family Court, Patna to the Court of learned Principal Judge,
Family Court, Nalanda.
8. The petition stands allowed.
(Vikash Jain, J)
Md. Ibrarul/Chandran
AFR/NAFR NAFR
CAV DATE N.A.
Uploading 5.10.2017
Date
Transmission N.A.
Date
