Patna High Court - Orders
Nitu Kumari @ Smt. Nitu Kumari vs Virendra Kumar on 20 October, 2014
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2698 of 2013
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Nitu Kumari @ Smt. Nitu Kumari, daughter of Sri Shashi Prasad Gupta,
resident of Shahid Tola Naugachhia, Police Station- Naugachhia, District-
Bhagalpur at present resident of Opposite side of Bus Stand, Gagan
Building, G.R. Road, Karnal (Hariyana), posted as an Assistant Branch
Manager, Adhra Bank Karnal, P.O. Karnal, P.S. Karnal, District- Karnal
(Hariyana)
.... .... Petitioner
Versus
Virendra Kumar, son of Sri Lakshman Prasad Sah, resident of village-
Rangpura, Tola Milki, Police Station- Hirganj, District- Purnea
.... .... Opp.Party.
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Appearance :
For the Petitioner : Mr.Viveka Nand Singh, Adv.
For the Opp.Party : Mr. Gyanand, Adv.
Mr. Ram Pravesh Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
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6 20-10-2014Heard Sri Viveka Nand Singh, learned counsel for the petitioner and Sri Gayanand, learned counsel, who was assisted by Sri Ram Pravesh Kumar, learned counsel for sole Opp.Party.
The present petition under Section24 read with Section 151 C.P.C. has been filed with a prayer to transfer Matrimonial Suit No.146/2012 from the Court of Principal Judge, Family Court, Purnea to the Judgeship at Bhagalpur.
Short fact of the case is that the marriage of the petitioner with Opp.Party was solemnized on 03.02.2012 at Naugachhia, which is within the district of Bhagalpur. However, after marriage, dispute arose and, thereafter, matrimonial case was filed by Opp.Party in the court at Purnea for declaring the Patna High Court MJC No.2698 of 2013 (6) dt.20-10-2014 2/3 marriage as void, which was numbered as Matrimonial Case No.146 of 2012.
The petitioner by way of filing the present petition has prayed for transferring the case from Purnea to Bhagalpur. In this case, a counter affidavit has also been filed by Opp.Party. It was submitted by learned counsel for Opp.Party that it is true that the marriage was solemnized at Naugachhia , but fact remains that both petitioner and Opp.Party are employed outside the State of Bihar. It has been indicated that the petitioner is Assistant Branch Manager, Andhra Bank, Karnal (Hariyana), whereas Opp.Party is lecturer in Dehradoon Engineering College. Learned counsel for Opp.Party submits that even though the case is pending at Purnea court, the petitioner may not feel any difficulty in attending the proceeding since she is posted at Karnal ( Hariyana) and, as such, there is no ground for transferring the record. Fact remains that the marriage was solemnized within the district of Bhagalpur and the said marriage is sought to be dissolved by Opp.Party in the court at Purnea.
In view of facts and circumstances, particularly the fact that the marriage was solemnized within the district of Bhagalpur as well as the fact that the petitioner is wife of Opp.Party, the Court is of the opinion that for the ends of justice it is required to Patna High Court MJC No.2698 of 2013 (6) dt.20-10-2014 3/3 direct for transferring the record from Purnea to Bhagalpur.
Accordingly, the petition stands allowed with a direction to transfer the record of Matrimonial Case no.146 of 2012 from the court of Principal Judge, Family Court, Purnea to the court of Principal Judge, Family Court, Bhagalpur. Both parties are required to render full assistance to the concerned court, so that the case may come to its logical end without unnecessary delay.
(Rakesh Kumar, J) NKS/-
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