Manju Sahu vs Narendra Kumar Bhagat on 12 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.424 of 2016
IN
MA 5 of 2012

Manju Sahu, wife of Narendra Kumar Bhagat, at present residing with father
Ramchariter Sahy, at Mohalla Ahiyapur, P.S.Ahiyapur, District Muzaffarpur.

…. …. Petitioner
Versus

Narendra Kumar Bhagat, son of Late Ram Deo Bhagat, resident of village
Talkhapur, P.S. Sitamarhi, District Sitamarhi.

…. …. Opposite Party

Appearance:

For the Petitioner : Mr. Sanjay Parasmani, Advocate
For the Opposite Party : None

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 12-10-2017

The present petition has been filed for transfer of Guardianship

Case in Misc. Case No. 5 of 2012 pending in the Court of learned Principal

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

Court, Muzaffarpur.

2. It is submitted on behalf of the petitioner that the petitioner

would be put to great difficulty if she has to go to Sitamarhi to contest the

subject Guardianship Case in Misc. Case No. 5 of 2012. The petitioner had

earlier filed Complaint Case No. 2439 of 2002 before the learned Chief

Judicial Magistrate, Muzaffarpur in which cognizance has been taken under

Section 498A IPC. The opposite party had filed Matrimonial Case No. 99 of

2010 seeking divorce in the Court of learned Principal Judge, Family Court,

Sitamarhi and on the application of the petitioner, the same has already been

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

Muzaffarpur by order dated 19.01.2017 passed in MJC No. 115 of 2014.

Patna High Court MJC No.424 of 2016 dt.12-10-2017 2

3. Despite valid service of notice, appearance has not been entered

on behalf of the opposite party nor is he represented when the matter is

called today.

4. Having heard learned counsel for the petitioner, this Court finds

merit in the petition. Considering that the Complaint Case No. 2439 of 2002

filed by the petitioner as well as Matrimonial Case No. 99 of 2010 filed by the

opposite party are both pending at Muzaffarpur, let Guardianship Case in

Misc. Case No. 5 of 2012 pending in the Court of learned Principal Judge,

Family Court, Sitamarhi be transferred to the Court of learned Principal

Judge, Family Court, Muzaffarpur.

5. The petition stands allowed.

(Vikash Jain, J)

Chandran/BT

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