Allowed

Madhu Kumari v. Manish Kumar

Patna HC17 May 2016MJC/415/2013

Case brief

AI extract

What is this about?

A spouse sought transfer of a pending divorce case from Family Court, Begusarai, to Family Court, Purnea. Relying on earlier orders and Tejasben v Mihirbhai, the court granted the transfer despite the respondent's plea of hardship and potential safety risks.

What did the court decide?

Transfer of Divorce Case No.185 of 2011 from Family Court, Begusarai to Family Court, Purnea allowed. The instant petition allowed in the said eventuality.

Madhu Kumari Vs Manish Kumar — Matrimonial and Divorce | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.415 of 2013 In

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Matrimonial Reference No. 185 of 2011

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====================================================== Madhu Kumari D/O Ashok Prasad Choudhary Resident Of VillageUphrail, P.O.- Lalganj, P.S.- K. Hat, District- Purnea

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.... .... Petitioner/s

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Versus 1. Manish Kumar S/O Janardan Prasad Yadav Resident Of Village- Shree Nagar, P.O.- Chharrapatti, P.S.- Sahebpur Kamal, District- Begusarai 2. Manish Kumar S/O Janardan Prasad Yadav Resident Of Village- Shree Nagar, P.O.- Chharrapatti, P.S.- Sahebpur Kamal, District- Begusarai

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate. For the Respondent/s : Mr. Md. Najmul Hoda.

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====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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6 17-05-2016 Heard learned counsel for the petitioner as well as

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learned counsel for the opposite parties.

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Petitioner, who is a wife has prayed for transfer of Divorce Case No.185 of 2011 presently pending before the Family Court, Begusarai, to Family Court, Purnea It has also been submitted that two other cases having been lodged at the end of the petitioner are also pending since before at Purnea.Further more, it has also been submitted that for transfer of aforesaid two cases husband had approached this court at an earlier occasion vide Cr.Misc. No.31738 of 2014 as well as Cr.Misc.No.32418 of 2014 and the same were conjointly rejected vide order dated

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Patna High Court MJC No.415 of 2013 (6) dt.17-05-2016

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2/3

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8.4.2016 (Annexure-2 of supplementary affidavit). Further more, learned counsel for the petitioner relied upon Tejalben vrs. Mihirbhai Bharatbhai Kothari reported in 2016(3) SCC 69 to substantiate his pleas.

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Learned counsel for the respondent has submitted that he is ready for one time settlement but wife is not ready to accept. It has also been submitted that, in case, the transfer is allowed then, it will be hardship to the petitioner. It has also been submitted that the life of the respondent will be at stake at the hands of the petitioner, and during course of frequently visit, he may face untoward incident.

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Both the parties are an unfortunate spouses. On last so many dates were requested to reconcile and for that, learned counsel were also requested. However, the request yielded no fruit.

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So far, transfer of Divorce Case No.185 of 2011 is concerned the wife has got upper hand, and further series of decisions including the present as reported in 2016 (3) SCC 69 goes in favour of the petitioner.

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That being so, Divorce Case No.185 of 2011, presently pending before the FamilyCourt, Begusarai, is directed to be transferred to the Family Court, Purnea. In the aforesaid

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Patna High Court MJC No.415 of 2013 (6) dt.17-05-2016

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3/3

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eventuality , the instant petition is allowed.

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AnilKrSinha/-
U T

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(Aditya Kumar Trivedi, J)

Madhu Kumari v. Manish Kumar

Case brief

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Madhu Kumari v. Manish Kumar

Case brief

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