IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.907 of 2010
Bindu Kumari
Versus
Sanjay Kumar Gupta
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04. 12.08.2011 Heard learned counsel for the petitioner and Mr.
Praveen Kumar, learned counsel appearing for the
Opposite Party No. 1.
This application has been filed for transfer of
Matrimonial Suit No. 102 of 2009 filed by the Opposite
Party No. 1 from the court of Principal Judge, Family
Court, East Champaran, Motihari to the Court of
Principal Judge, Family Court, Muzuffarpur.
It is submitted on behalf of the petitioner that
she has no independent source of income for her
livelihood and as such, she is compelled to live at her
parent’s house at Muzuffarpur. It is further submitted
that on account of dowry and torture, petitioner has filed
a complaint case for the alleged offence under Section
498A of the Indian Penal Code and Section ¾ of the
Dowry Prohibition Act which is pending in the court of
S.D.J.M., Muzuffarpur, East. Besides the above,
petitioner has also filed a maintenance case at
Muzuffarpur and as such, in the above circumstances,
the aforesaid matrimonial suit filed by the Opposite
Party – husband deserves to be transferred to the court
of Principal Judge, Family Court, Muzuffarpur.
On the other hand, learned counsel for the
Opposite Party upon filing the counter affidavit submits
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that the allegation of demand of dowry and torture is
absolutely incorrect and the petitioner is a daughter of a
well of businessman. However, the assertion of the
petitioner that she has no independent source of income
and as such she is not in a position to attend the court at
Motihari is not disputed.
Considering the submissions of the parties and
their respective pleadings, it would appear that the
grounds put forth by the petitioner for seeking transfer
of the petition is sufficient and as such, let the
Matrimonial Suit No. 102 of 2009 pending before the
court of Principal Judge, Family Court, East Champaran,
Motihari be transferred to the court of Principal Judge,
Family Court, Muzuffarpur and also the records of the
aforesaid matrimonial suit be sent to the court of
Principal Judge, Family Court, Muzuffarpur immediately.
Both the petitioner and the Opposite Party are directed
to appear before the court of Principal Judge, Family
Court on 28th of September 2011, when a fresh date of
hearing would be fixed.
Accordingly, the M.J.C. application stands
disposed of.
Jagdish ( Shailesh Kumar Sinha, J.)