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Soni Kumari vs Sunil Kumar on 22 February, 2017

      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
===========================================================
Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party : Mr. Ramashish, Advocate
===========================================================
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
Patna High Court MJC No.3979 of 2013 dt.22-02-2017

2/3

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
Patna High Court MJC No.3979 of 2013 dt.22-02-2017

3/3

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
 

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