Petitioner sought transfer of her husband's divorce (Matrimonial) Case from Family Court, Patna to Family Court, Bhojpur at Ara via Section 407 Cr.P.C. The court noted the proper remedy was Section 24 CPC and permitted the petitioner to convert the application into a Miscellaneous Jurisdiction Case under Section 24.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22492 of 2022
Arising Out of PS. Case No.-76 Year-2021 Thana- MAHILA P.S. District- Bhojpur
======================================================
NISHA KUMARI @ NISHA SINGH W/o Prakash Kumar , D/o Santosh Kumar Singh Resident of Village- Hematpur, P.S.- Ara Mufassil, DistrictBhojpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.N. A. Shamsi For the Opposite Party/s : Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
The present application has been filed for transfer of Matrimonial Case No. 1168 of 2021 from the court of Principal Judge, Family Court, Patna to the court of Principal Judge, Family Court, Bhojpur at Ara filed by the Opposite Party No. 2 against the petitioner on 21.09.2021.
Learned counsel appearing for the Opposite Party No. 2 submits that the petitioner is praying for transfer of Matrimonial Case No. 1168 of 2021 for which civil remedy is available to the petitioner under Section 24 of the C.P.C., but instead of filing M.J.C. application for transfer, the present application has been filed under Section 407 Cr.P.C.
Taking into consideration the fact that petitioner is
Patna High Court CR. MISC. No.22492 of 2022(8) dt.27-06-2023 2/2
seeking transfer of divorce case, accordingly, the petitioner is permitted to convert this application into Miscellaneous Jurisdiction Case under Section 24 of the C.P.C.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the application for transfer of Matrimonial Case No. 1168 of 2021 filed under Section 407 Cr.P.C. could be maintained, given the civil remedy under Section 24 CPC?
2 provisions across 2 enactments
Nisha Kumari @ Nisha Singh
The State of Bihar
Prakash Kumar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
