Patna High Court - Orders
Pushpa Devi @ Pushpa Sinha vs Prabhat Kumar Singh on 9 May, 2013
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2294 of 2010
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Kumari Sakchi D/o late Pushpa Devi and Prabhat Kumar Singh aged about
17 years under the guardianship of Sri Umesh Prasad Singh, R/o village
Sirsi Mahti, P.S. Bibhutipur, Dist. Samastipur.
.... .... Petitioner/s
Versus
Prabhat Kumar Singh son of Sri Ramdeo Mandal resident of village
Ashiyachak, P.S. Ashiyachak, Dist. Bhagalpur at present Store Lee (er.
Shop No.19/711 Chitranjan Locomotive Works, Chitranjan, West Bengal.
.... .... Respondent/s
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
7 09-05-2013Heard Mr. Gajendra Kumar Jha for the petitioner.
In spite of service of notice upon the opposite party, nobody has appeared to contest the application inasmuch as no counter affidavit has been filed.
Matrimonial (Maintenance) case no. 166(M) of 2004 was filed by the mother of the petitioner seeking maintenance for herself and the daughter (the present petitioner). Said proceeding was lodged in Patna. For the reasons stated in the application it has been submitted that the said Suit be transferred to Samastipur for disposal by Court of cognate jurisdiction.
It is submitted that the mother in the meanwhile expired but the daughter is still entitled to maintenance in view of the relevant provisions of the Act. The cause, therefore, survives and the matter be transferred to the Court of Principal Judge, Patna High Court MJC No.2294 of 2010 (7) dt.09-05-2013 Page 2 /3 Family Court, Samastipur which shall have otherwise also the jurisdiction to try the matter.
On the request of this Court Sri D.K. Sinha, learned AAG-2 appeared. On going through the records, he states that in the particular facts of the case, this Court may exercise the discretion.
It appears from the materials on record that the petitioner is unmarried daughter of opposite party and, therefore, entitled to seek maintenance from her father. She is a young lady of marriageable age. She is presently residing with her 'Nana' in the District of Samastipur. From the plaint of Matrimonial/Maintenance Case no. 166(M) of 2004, the certified copy whereof was handed in for perusal of the Court by the petitioner, it appears the opposite party is employed outside the State of Bihar.
Regard being had to the above, this Court is persuaded to allow this application in the following terms:-
(i) Records of Matrimonial
(Maintenance) case no. 166(M) of
2004 stands withdrawn from the file
of Principal Judge, Family Court,
Patna and transferred to the Court of
Patna High Court MJC No.2294 of 2010 (7) dt.09-05-2013
Page 3 /3
Cognate jurisdiction at Samastipur
for disposal in accordance with law.
(ii) The records shall be made over to the
transferee Court within two weeks
from the date of production of the
certified copy of the order.
(Kishore Kumar Mandal, J)
Shyam/-