IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4179 of 2009
Nayan Tara, D/O Sri Nath Singh, R/O Mohalla- Block
Road, P.S.- Raxaul, Distt.- East Champaran
--- Petitioner
Versus
Yogendra Kumar, S/O Shri Satrugan Singh 'Rampuri',
R/O Vill.- Rampur, P.S.- Surajgarha, Distt.-
Lakhisarai
---Opposite Party
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3. 6.9.2011 Heard learned counsel for the petitioner and the
opposite party.
This is an application for transfer of Guardianship Case
No.2 of 2009 (Yogendra Kumar Vrs. Nayan Tara) pending in the
court of the Additional District Judge, Fast Track-II, Lakhisarai to
the court of the Principal Judge, Family Court, East Champaran at
Motihari.
It is submitted on behalf of the petitioner that the matter
of guardianship is with respect to the minor daughter of the
petitioner. It is further submitted that the petitioner is residing with
her parent at Raxaul in the district of East Champaran and for
want of any independent source of income as also in absence of
any person to accompany her to attend the case at Lakhisarai, it
becomes very difficult for the petitioner to participate in the above
proceedings. Learned counsel further submits that there are two
cases–one under section 498A of the Penal Code and another for
maintenance under section 125 of the Code of Criminal
Procedure–pending against the opposite party at Motihari. In the
above circumstances also, aforesaid guardianship case be
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transferred from Lakhisarai to the competent court at Motihari.
Learned counsel appearing for the opposite party
submits that the opposite party has no objection to the transfer.
However, the case may be disposed of at the earliest.
Considering the submissions of the parties and the
grounds for transfer as submitted on behalf of the petitioner, let
the aforesaid Guardianship Case No.2 of 2009 (Yogendra Kumar
Vrs. Nayan Tara) pending in the court of the Additional District
Judge, Fast Track-II, Lakhisarai be transferred to the court of the
District and Sessions Judge, East Champaran at Motihari for
disposal. The District Judge may either dispose of the case or
transfer the same to any competent court.
Let the records of aforesaid Guardianship Case no.2 of
2009 be sent to the District and Sessions Judge, East Champaran
at Motihari immediately. The petitioner and the opposite party,
both, are directed to appear in the court of the District Judge, East
Champaran at Motihari on 15th of November, 2011, when a fresh
date of hearing be fixed.
The M.J.C. application stands disposed of.
Let the order be communicated to the District and
Sessions Judge, Munger for immediate communication and
needful to the court of the Additional District Judge, Fast Track
Court-II, Lakhisarai, through fax on the cost being deposited by
the petitioner.
PNM (Shailesh Kumar Sinha, J.)