Petitioner sought transfer of an RCR case from Family Court, Chapra to Vaishali under s. 407 CrPC, alleging danger. The court dismissed the petition as the apprehension was vague, unsupported by evidence, and not genuine or reasonable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25620 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Saran
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NIRU D/O JAGANNATH SHARMA R/O VILLAGE-CHANDWARA, P.S.KARTAHA, DISTRICT-VAISHALI AT PRESENT R/O VILLAGEAJMATPUR, P.O-BIDUPUR, P.S-RAJA PAKAR, DISTRICT-VAISHALI.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 07-07-2022 Petitioner has filed this petition u/s 407 of the Code of Criminal Procedure for transfer of RCR (restitution of conjugal rights ) case No. 121/ 2020 from Family Court, Saran at Chapra to Family Court, Vaishali at Hajipur.
It is submitted that Family Court, Chapra has no jurisdiction because the petitioner has never been in the Chapra with the O.P. No.2. It is further submitted that marriage was solemnized in the Vaishali district and they have been together in the Vaishali district only. Neither the petitioner nor the O.P. No.2 have any movable or immovable property in the Chapra district. The petitioner has genuine and serious apprehension that if he
Patna High Court CR. MISC. No.25620 of 2021(3) dt.07-07-2022 2/2
attends the court at Chapra her life would be in danger.
Learned counsel for the State opposed the prayer and submits that mere apprehension, which is based on no evidence, cannot be a ground for transfer of the case.
Heard learned counsel for the parties.
In this petition, petitioner has not mentioned any circumstance upon which she apprehends danger from opposite parties. Only vague and sweeping statement has been made. It is settled law that the apprehension has to be genuine and reasonable based on circumstances. She failed to show or demonstrate any reasonable apprehension.
In absence of any reasonable apprehension of threat, this application for transfer of RCR (restitution of conjugal rights ) case No. 121/ 2020 from Family Court, Saran at Chapra to Family Court, Vaishali at Hajipur is dismissed.
(Prabhat Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether a mere apprehension without evidence of genuine and reasonable threat constitutes a valid ground for transfer of an RCR case.
1 provisions across 1 enactments
Niru D/o Jagannath Sharma
The State of Bihar
Navin Kumar S/o Vijay Kumar Singh
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
