IN THE HIGH COURT OF JUDICATURE AT PATNA

M

iscelaneous Jurisdiction Case No.1426 of 2015

IN

M

atrim

onial Reference No. 162 of 2015

==========================

Swarnim Priya

, W

/o Ajet Kumar, D/o Sohan M

ishra, Resident of village

Kachua, P.O. Chakauti, District

- Darbhanga

. . Petitioner/s

Versus

Aje

t Kumar

, son of Vijay Kumar Singh , resident of village

Bisaundha, P.S.

Dhanaur, P.S. Katara, District M

uzafarpur

. .

oposite party

/s

==========================

Appearance :

For the Petitioner/s :

M

r.

Alok Kumar Jha

For the

oposite party

/s : M

r.

Sanjay Kumar @

S.K.

==========================

CORAM

: HONOURABLE M

R. JUSTICE RAKESH KUM

AR

ORAL JUDGM

ENT

Date: 16

-03 -2017

1.

Heard Sri Alok Kumar Jha, learned counsel for the

petitioner and

Sri

Sanjay Kumar @

S.K., learned counsel for th

e

opposite party /husband of the petitioner.

2.

The petitioner, wife of opposite party, has approached

this

Court

under Section 24 of the Code of Civil Procedure, 1908

with a prayer to direct for transfering M

atrimonial Case No. 162 of

2015 from the c

ourt of Principal Judge , Family Court, M

uzafarpur

to the court of Principal Judge, Family Court , Darbhanga.

Patna High Court M

JC No.1426 of 2015 dt.16

-03 -2017

2/4

3.

It is

the

case of the petitioner that her mariage with

the

opposite party was solemnized on 8.6.2009. Thereafter,

there was

strained relat

ion betwen the petitioner and her husband

and

finaly,

she was ousted from her matrimonial

house

and thereafter

, since 2013

she is residing with her old parents in the district of Darbhanga. It has

also ben indicated that petitioner had filed a criminal

case for the

offence under Section 498(A)/ 34 of the Indian Penal Code

& Section

¾ of the Dowry Prohibition Act

against her husband and other in

-

laws, which was registered as Darbhanga Sadar M

ahila P.S. Case No.

40 of 2015. However, prior to

lodging

of

the F.I.R. from the

vide M

atrimonial (Divorce ) Case No. 162 of 2015. By way

of

refering to

the

plaint in M

atrimonial (Divorce) Case No. 162 of 2015

, which has ben brought on rec

petition, learned counsel for the petitioner has drawn my atention

to

statement made

wherein

the opposite party

himself had accepted that his mariage with petitioner was solemnized

in the dist

rict of Darbhanga. The mariage was solemnized on

8.6.2009. It has ben argued by learned counsel for the petitioner that

since mariage of petitioner with oposite party was solemnized at

Darbhanga and after being ousted since she is residing with her

parents in Darbhanga

, in view of

the

provisions contained in Section

Patna High Court M

JC No.1426 of 2015 dt.16

-03 -2017

3/4

19 of the Hindu M

ariage Act, 195 the case is required to be

transfered to Darbhanga. He further submits that being lady it would

be dificult for her to regularly atend

the

procedi

ngs at M

uzafarpur

from Darbhanga.

4.

Sri Sanjay Kumar

@

S.K.

, learned counsel for

the

husband / opposite party has opposed the prayer for transfer . It was

submited by him that the vilage where petitioner is residing is about

40 K.M

. away from the court at M

uzafarpur and almost the court at

Darbhanga is at the same

distance

from th

e place where she is

residing. Acording to learned counsel for the opposite party no

purpose would be served in directing for transfering the record.

5.

Besides hearing learned counsel for the parties, I have

perused the materials available on record. I

n view of specific facts

disclosed in the divorce petition i.e. mariage was solemnized at

Darbhanga and

the

undisputed fact that presently petitioner /wife is

residing at Darbhanga, the court is of the opinion that it would be

just and proper to di

rect for transfering the record from M

uza