Nilophar Perween vs Mohammad Samir on 4 October, 2017

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

Leave a Comment

Your email address will not be published. Required fields are marked *