IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3979 of 2013 IN Matrimonial Reference No. 139 of 2012 ===========================================================
Soni Kumari, W/O Sunil Kumar, D/O Sajan Sao, R/O Village – Madan Bigha, P.S.
Chandauti, District – Gaya, At Present Resident of Village. – Sundara, P.S. Ayar,
District – Bhojpur
…. …. Petitioner
Versus
Sunil Kumar, S/O Late Prayag Sao, R/O Village – Madan Bigha, P.S. Chandauti,
District – Gaya
…. …. Opposite Party
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Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party : Mr. Ramashish, Advocate
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL JUDGMENT
Date: 22-02-2017
Heard learned counsel for the petitioner and the opposite
party.
This application has been filed for transfer of Matrimonial
Suit No.139 of 2012 pending before the court of Principal Judge,
Family Court, Gaya to the court of Principal Judge, Family Court,
Bhojpur at Ara.
Ground taken for transfer is that the petitioner would face
difficulty in appearing in the case as she belongs to a lower middle
class family and is residing with her parents at Ara and has no
independent source of income. She is not in a position to stay at Gaya
for attending the litigation as it is also alleged that certain threats have
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also been given to the petitioner by the opposite party. The petitioner
has also filed a complaint case for prosecution of opposite party for
the offence committed by him punishable under Section 498A of the
Indian Penal Code.
However, learned counsel for the opposite party has
submitted, though no counter affidavit has been filed, that from
Annexure-2, which is plaint of the Matrimonial Suit No.139 of 2012
filed under Section 12 of Hindu Marriage Act for declaring the
marriage null and void, it would be apparent that the case of the
opposite party is that he was already married with Raj Kumari Devi of
village-Punpun Ghat, District-Patna in the year 1986. However, he
was forcibly married to the petitioner when he went to the house of
his brother-in-law (Sarhu) and, thereafter, he was being threatened to
solemnize the marriage.
In view of the aforesaid rival contention, this Court is of
the opinion that, in the interest of justice, this case should neither
remain at Gaya nor at Ara rather it should be transferred to the court
of Principal Judge, Family Court, Patna as it would be convenient for
the petitioner and the opposite party both to come to Patna for
attending the matter.
Ordered accordingly.
Let the records of Matrimonial Case No.139/2012 be
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transmitted by the court of Principal Judge, Family Court, Gaya to the
court of Principal Judge, Family Court, Patna who shall proceed with
the matter in accordance with law.
This disposes of the application.
(Dr. Ravi Ranjan, J)
V.K. Pandey/-
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 01.03.2017 Transmission N.A. Date