Anubala Kumari vs Rajiv Kumar Sinha on 20 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.201 of 2017

Anubala Kumari D/o Sachchidanand Prasad, resident of Mohalla – Hathsarganj,
Naka No. 3, Gali No. 2, P.S. Hajipur Town, District – Vaishali.

…. …. Petitioner
Versus
Rajiv Kumar Sinha S/o Late Hari Narayan Prasad Sinha, resident of Village –
Bhagwatpur, P.S. – Baliya, District – Begusarai.

…. …. Opposite Party

Appearance :

For the Petitioner : Mr. Ranjit Kumar Thakur,
Mr. Devendra Kumar, Advocates
For the Opposite Party: Mr. Jai Prakash Singh, Advocate

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 20-11-2017

The present petition has been filed for transfer of Divorce

Case No. 133 of 2015 pending in the court of learned Principal Judge,

Family Court, Begusarai to the court of learned Principal Judge, Family

Court, Vaishali at Hajipur.

2. Learned counsel for the petitioner submits that the

petitioner is a poor lady without any independent source of income

and is completely dependent on her father and is living at her Naihar

with two daughters. In such circumstances, it will be extremely difficult

for her to attend the matrimonial (divorce) case at Begusarai.

Moreover, she had filed Complaint Case No. 303 of 2011 under section

498A of the Indian Penal Code as well as Maintenance Case No. 26 of

2011 under Section 125 of the Code of Criminal Procedure which are

both pending at Hajipur, District Vaishali in which the opposite party is
Patna High Court MJC No.201 of 2017 dt.20-11-2017

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required to attend

3. Despite service of notice and appearance having been

entered on behalf of the opposite party, none is present on his behalf

when the matter is called today. No counter affidavit has also been filed

to controvert the stand of the petitioner.

4. In the above view of the matter, this Court is of the view

that the balance of convenience, therefore, lies in favour of the

petitioner. Accordingly, this Court directs transfer of Divorce Case No.

133 of 2015 from the court of learned Principal Judge, Family Court,

Begusarai to the court of learned Principal Judge, Family Court, Vaishali

at Hajipur.

5. The petition stands allowed.

(Vikash Jain, J)
B.T/Chandran

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