Allowed

Smt. Karuna Pandit v. Mani Bhushan Prasad Rakesh

Patna HC6 May 2019MJC/1705/2018

Case brief

AI extract

What is this about?

Petitioner wife sought transfer of matrimonial divorce case from Bhagalpur to Munger. Court allowed transfer due to wife's responsibility for her young daughter and lack of companion to travel, noting responder husband can easily access the original court.

What did the court decide?

Transfer of Matrimonial Case No. 309 of 2017 from Family Court, Bhagalpur to Family Court, Munger.

Smt. Karuna Pandit Vs Mani Bhushan Prasad Rakesh — Matrimonial and Divorce | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1705 of 2018

¶2

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

¶3

Smt. Karuna Pandit W/o Sri Mani Bhushan Prasad “Rakesh”, D/o Pramod Kumar Pandit resident of vill. - Fazeliganj, P.O.+P.S. - Tarapur, Distt - Munger and presently resided and posted at Middle School, Lauria, P.O. - Madhodih, Tarapur, Distt - Munger.

¶4

... ... Petitioner

¶5

Versus

¶6

Mani Bhushan Prasad “Rakesh” S/o Late Ramprit Pandit resident at Warsaliganj, P.O. - Mirhanhat, P.S. Mojahidpur, Distt - Bhagalpur.

¶7

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Dhananjay Kumar Upadhyay, Advocate. For the Opposite Party: Mr. Ashutosh Kumar Mr. Gopal Govind Mishra, Advocates. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-05-2019

¶8

The present petition has been filed for transfer of the Matrimonial Case No. 309 of 2017 from the Court of learned Principal Judge Family Court, Bhagalpur to the Court of learned Principal Judge, Family Court, Munger.

¶9

It is submitted that the petitioner, who is a lady, would have to face considerable difficulty and harassment in attending the matrimonial divorce case filed by the opposite party at Bhagalpur. It is submitted that the petitioner has two children- the son has passed matriculation examination and is living with his maternal grandparent at Chattisgarh pursuing his higher education, while the daughter is living with the petitioner and studying at Paramount Academy. It is stated that the opposite party has never contributed financially towards their education. A specific stand has been taken that the petitioner does not have anyone to accompany her to travel to Bhagalpur for contesting the divorce case. It is further stated

¶10

Patna High Court MJC No.1705 of 2018 dt.06-05-2019

¶11

2/2

¶12

that the opposite party is a practicing Advocate at Civil Court, Bhagalpur who can easily travel to Munger.

¶13

Learned counsel for the opposite party on the other hand resists the petition, submitting that the petitioner is a school teacher and is capable of travelling the distance of about 60 Kms. to Bhagalpur to contest the divorce case. The two towns are well connected by rail and road involving a journey of about one hour.

¶14

Having heard the parties and on a consideration of the materials on record, I am of the view that the balance of convenience lies in favour of the petitioner. It is not in dispute that the petitioner is looking after a young daughter at Munger by herself and there is none to accompany her as and when she is required to travel to Bhagalpur to attend the divorce case.

¶15

In the circumstances, I direct transfer of Matrimonial Case No. 309 of 2017 filed by the opposite party, from the Court of learned Principal Judge, Family Court, Bhagalpur to the Court of learned Principal Judge, Family Court, Munger for its disposal.

¶16

The petition stands allowed with the aforesaid observations and directions.

¶17

(Vikash Jain, J)

¶18

Ibrar//-

¶19

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	10.05.2019
Transmission Date	N.A.

Smt. Karuna Pandit v. Mani Bhushan Prasad Rakesh

Case brief

What is this about?

What did the court decide?

Smt. Karuna Pandit v. Mani Bhushan Prasad Rakesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Guddu Das Vs the State of Bihar

Kiran Devi Vs The State of Bihar

Chandan Singh @ Chandan Kumar Singh Vs The State of Bihar

Bulbul Kumari Vs Piku Kumar Chaurasia @ Pinku Modi @ Ranjan Modi

Mohammad Kausar Perwez @ Qusar Parvej Vs The Chief Election Commissioner

Nand Kishor Das Vs the State of Bihar