IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2513 of 2016
Rupam Mani Priya W/o Rajesh Kumar Chaudhary D/o Abhay Kumar Mandal,
Address- Hridya Nath Mandal Sakin Vivekanath Colony, Rajni Chowk, P.S.-
Rajni Chowk, P.O. – Rajni Chowk, District Purnea.
…. …. Petitioner
Versus
Rajesh Kumar Chaudhary Son of Sridhar Chaudhary Resident of Village –
Bikram Sher, Post Office – Mobahi, P.S. – Babubarhi, District – Madhubani, At
presently resident of Flat No. 303 ‘A’ Block, Ramchandra Enclave Apartment,
Road no. -1, Shivpuri, P.S. – Shastri Nagar, P.O. – Shastri Nagar, District – Patna.
…. …. Respondents
Appearance :
For the Petitioner : Mr. Dhirendra Kumar, Advocate
For the Opp. Party : None
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 08-09-2017
The present petition has been filed for transfer of
Matrimonial Case No. 489 of 2015 from the Court of learned Principal
Judge, Family Court, Patna to the Court of learned Principal Judge,
Family Court, Purnea.
2. The short facts of the case, according to the petitioner,
are that the parties were married on 26.11.2012 but following cruelty
and torture meted out to the petitioner for non-fulfillment of demand
of Rs. 40,00,000/- for purchase of a flat at Patna, she was finally ousted
from the matrimonial home on 17.08.2014 after which she has been
residing at her parental house at Purnea. The opposite party filed
Matrimonial Case No. 489 of 2015 for restitution of conjugal rights
which is pending before the learned Principal Judge, Family Court,
Patna High Court MJC No.2513 of 2016 dt.08-09-2017
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Patna. Thereafter the petitioner has filed Complaint Case No. 827 of
2016 before the learned Chief Judicial Magistrate, Purnea for the
offences under Sections 323, 380 and 498A of the Indian Penal Code
and Section 3/4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the
petitioner is a poor lady having a girl child to take care of and is fully
dependent on her father who is a poor agriculturist and as such she
would be put to great difficulty in traveling to Patna to attend the
subject matrimonial case. It is further stated that even though the
opposite party claims to be residing at Patna at present, he is a
permanent resident of Madhubani and is also employed as Assistant
Engineer, RWD, Government of Bihar, Works Division, Hajipur.
4. Despite valid service of notice, the opposite party has
not entered appearance nor is he represented when the matter is
called today.
5. Having heard learned counsel for the petitioner and
on careful consideration of the materials available on record, this Court
finds considerable merit in the petition. The petitioner is a poor lady
having a small girl child to take care of at Purnea where she resides
with her father who is a poor farmer. The subject matrimonial case has
been filed at Patna even though the opposite party is an employee at
Hajipur and is a permanent resident of Madhubani. Moreover,
Complaint Case No. 827 of 2016 instituted by the petitioner is pending
Patna High Court MJC No.2513 of 2016 dt.08-09-2017
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at Purnea which the opposite party would be required to attend. 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 Case No. 489 of 2015 filed at the instance of the
opposite party from the Court of learned Principal Judge, Family Court,
Patna to the Court of learned Principal Judge, Family Court, Purnea for
its disposal.
7. The petition stands disposed of.
(Vikash Jain, J)
B.T/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading 12.09.2017
Date
Transmission N.A.
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