High CourtsSingle Bench(2019) 09 PAT CK 0072

Amrita Kumari vs Anuj Kumar Pandey

Patna High Court · Decided on 11 September 2019

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Jurisdiction Case No. 174 Of 2017

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Judgment

6 paragraphs · 295 words
1.

Heard Mr. Uma Kant Shukla along with Mr. Shakti Suman Kumar, learned counsel for the petitioner and Mr. Awadh Bihari Ojha, learned senior counsel along with Mr. Nagadeo Choubey, learned counsel for the opposite party.

2.

The petitioner has moved the Court under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 for transfer of Matrimonial Case No. 689 of 2016, pending before the Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, East Champaran at Motihari.

3.

At the very outset, learned counsel for the opposite party submitted that the matter has been listed at his instance and on the basis of the stand that he is not opposing the prayer of the petitioner in view of the Hon'ble Supreme Court judgment.

4.

Having regard to the aforesaid, the application stands allowed.

5.

Matrimonial Case No. 689 of 2016, pending before the Principal Judge, Family Court, Patna stands transferred to the Court of Principal Judge, Family Court, East Champaran at Motihari. The Principal Judge, Family Court, Patna is directed to transmit the entire records of the case to the Principal Judge, Family Court, East Champaran at Motihari within two weeks from the date of receipt of a copy of this order. Upon the Principal Judge, Family Court, East Champaran at Motihari receiving the records, a fresh number shall be given in the case and the Court shall proceed, in accordance with law.

6.

For the ends of justice, the Principal Judge, Family Court, East Champaran at Motihari shall send notice to the opposite party as well as to the petitioner through her father at her parental address in Motihari in the district of East Champaran and thereafter proceed in the matter, in accordance with law.