Patna High Court - Orders
Suman Kumari vs Chandan Kumar on 15 March, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.365 of 2024
======================================================
Suman Kumari W/o Chandan Kumar, resident of Village-Bansapatti, Post-
Kataiya, P.S.-Hariharganj, Distt.-Palamu, Jharkhand, at present resident of
D/o Late Manoj Choudhary, H/o Niraj Kumar, Lachminiya Gali, Digha Hat,
P.S.-Digha, Distt-Patna.
... ... Petitioner/s
Versus
Chandan Kumar s/op Shyam Sunder Thakur, resident of Village-Bansapatti,
Post-Kataiya, P.S.-Hariharganj, Distt.-Palamu, Jharkhand, at present posted as
OQC (Outgoing Quality Control) at Quality Department, Samsung India Ltd.
Block B, B-1, Sector-81, Phase-2, Noida, Gautam Buddha Nagar, Uttar
Pradesh, Pin-201305, P.S.-Sector 24 Police Station.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kashyap, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 15-03-2024Heard the parties.
2. This application has been filed for Transfer of M.T.S No. 170 of 2021 (Chandan Kumar vs. Suman Kumari) pending in the Court of Principal Judge Family Court, Gaya filed by the O.P. who is the husband of the petitioner for restitution of conjugal relationship u/s 9 of the Hindu Marriage Act, 1955 to the Court of Principal Judge, Family Court, Patna where Matrimonial (Maintainance) case no. 177 of 2022 filed by the Petitioner is pending for final adjudication in the facts and circumstances mentioned herein after.
3. Issue notice to the sole opposite party on both the addresses through both processes i.e. ordinary as well as Patna High Court MJC No.365 of 2024(3) dt.15-03-2024 2/2 registered cover with A/D for which requisites etc. must be filed within a period of three weeks from today failing which the application shall stand rejected without further reference to the Bench.
4. In case, the order passed is not complied and the matter accordingly stands dismissed, subsequently, the same be posted under the heading 'To be Mentioned' alongwith 'Tied Up' matters before the Bench on the 'TIED UP' day.
5. It has been informed by the learned counsel for the petitioner that she is not getting any maintenance amount, her mother being maid servant, she is unable to appear before the Gaya Court and/or get the travel expenses.
6. List this case after six weeks.
7. In the meantime, further proceeding in M.T.S. No. 170 of 2021 pending in the Court of Principal Judge Family Court, Gaya shall remain stayed.
(Rajiv Roy, J) kiran/-
U