Anamika Mohan v. Mritunjay Mohan
Case brief
What is this about?
Petitioner sought transfer of pending matrimonial case from Chhapra to Patna under Section 24 C.P.C. Junior counsel submitted pending case to be transferred based on petitioner's residence, ailing daughter and convenience factors. Court transferred matrimonial case to Patna.
What did the court decide?
Matrimonial Case No. 232 of 2012 be transferred from the Court of Principal Judge, Family Court, Chhapra to the Court of Principal Judge, Family Court, Patna.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4335 of 2012
====================================================== Anamika Mohan W/o Mritunjay Mohan, D/o Dr. Ram Bhadra Shahi, Flat No. 302, R.P. Tower, Fraser Road, Patna - 800001 .... .... Petitioner Versus Mritunjay Mohan S/o Late Dhruva Narain Pandey R/o Village - Sitalpur Kothi, P.S. Dariyapur, District - Saran Presently Residing at Sitalpur Kothi, Lalji Tola, Town + District - Patna .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Pushkar Narayan Shahi, Sr. Adv. & Mr. Sanjeet Kumar Singh For the O.P. : Mr. Amresh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 6 28-10-2013 The present petition has been filed under Section 24 C.P.C. for transfer of Matrimonial Case No. 232 of 2012 presently pending in the Court of Principal Judge, Family Court, Chhapra to the Court to Principal Judge, Family Court, Patna. 2. It is stated on behalf of the petitioner-wife that after marriage with the sole opposite party on 28.06.2009 at Patna, they were living in a rented flat at Jamal Road, Patna. The petitioner, whose mother had expired as far back as in April, 1997 itself, claims to have gone to look after her father aged 72 years suffering from Motor Neuron disease leading to non-functioning of both his hands, which led to the institution of the said Matrimonial Case No. 232 of 2012 at Chhapra by the opposite party under Section 9 of the Hindu Marriage Act
Patna High Court MJC No.4335 of 2012 (6) dt.28-10-2013
2
for restitution of conjugal rights.
- Learned senior counsel for the petitioner submits that this is a fit case where the pending Matrimonial Case deserves to be transferred from Chhapra to Patna as prayed for the following reasons:-
Issues for consideration
3 issues framed by the court
Whether the matrimonial case filed by the respondent at Chhapra should be transferred to Patna where the petitioner resides and has to look after her ailing father.
Whether a transfer order made under Section 24 C.P.C. qualifies as an interlocutory order suitable for transfer under Section 25.
Whether discretion can be exercised to transfer the case to the Family Court at Patna in view of the facts and circumstances.
Coram
Vikash Jain
Case details
As recorded by the court registry
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