Patna High Court MJC No.2479 of 2016 dt.18-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2479 of 2016
Vijay Laxmi Mishra @ Smt. Vijay Lakshmi Devi, Wife of Gautam Krishna
Mishra, daughter of Sri Subodh Narayan Jha, at present residing at Saguna,
Gandhi Murti, Danapur, P.S. Danapur, District- Patna.
…. …. Petitioner
Versus
Gautam Krishna Mishra, Son of Shyamal Kumar Mishra, Resident of Village-
Muraith, P.S.- Jalley, District- Darbhanga at present residing at Buchaman, Near
Dilli More (Institute of Professional Education), P.S. Darbhanga Sadar, District-
Darbhanga.
…. …. Opposite Party
Appearance:
For the Petitioner : Mr. Jitendra Kumar Singh, Advocate
Mr. Md. Fahimuddin, Advocate
For the Opposite Party : Mr. Krishna Nand Jha, Advocate
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 18-07-2017
Heard learned counsel for the petitioner and learned counsel for
the opposite party.
2. The present petition has been filed for transfer of Divorce Case
vide Matrimonial Case No. 158 of 2008 filed by the opposite party (initially
filed for restoration of conjugal rights and subsequently converted into
divorce petition) pending in the Court of learned Principal Judge, Family
Court, Darbhanga to the Court of learned Principal Judge, Family Court,
Patna.
3. The short facts of the case, according to the petitioner are that
the parties were married on 29.04.2007, but owing to dowry demand by the
opposite party rifts occurred in the marriage. Torture and cruelty ensued as
a result of non-fulfillment of dowry demand and the petitioner came back to
Patna High Court MJC No.2479 of 2016 dt.18-07-2017
her parental home at Danapur where she instituted Complaint Case No.
1254(c) of 2008 under Section 498A of the Indian Penal Code as well as
Domestic Violence Case No. 383(c) of 2011 which are pending in the Court of
learned Sub-divisional Judicial Magistrate, Danapur.
4. Learned counsel for the petitioner submits that despite order
dated 27.01.2010 passed by a Division Bench of this Court in M.A. No. 475 of
2009 remitting the subject Matrimonial Case No. 158 of 2008 to the Family
Court with the observation that the same be disposed of by the end of June,
2010, the matter continues to remain pending. It is submitted that the
petitioner has been facing great difficulty in going to Darbhanga to contest
the divorce case owing to great financial stringency having no independent
resources of her own. Her father is in the Army posted at Kolkata and her
brother is also employed at Kolkata.
5. Learned counsel for the opposite party appears and has been
heard. No counter affidavit has been filed to controvert the statements made
in the petition.
6. Having heard the parties and on a consideration of the materials
on record this Court finds merit in the petition. The petitioner is a lady
without any independent financial resources and the two male members in
her family are both in Kolkata and are not available to accompany her to
Darbhanga to attend the divorce case. Moreover, the two cases filed by the
petitioner as aforesaid, are pending at Danapur in which the opposite party
would be required to attend in order to contest the same. There is therefore,
little reason for facing difficulty on his part in attending to the divorce case, if
the same is transferred to Patna as sought by the petitioner.
Patna High Court MJC No.2479 of 2016 dt.18-07-2017
7. In the above circumstances, the balance of convenience clearly
lies in favour of the petitioner and accordingly let Matrimonial Case No. 158
of 2008 pending in the Court of learned Principal Judge, Family Court,
Darbhanga be transferred to the Court of learned Principal Judge, Family
Court, Patna.
8. The petition stands allowed.
(Vikash Jain, J)
Chandran
AFR/NAFR NAFR
CAV DATE N.A.
Uploading 20.07.2017
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