Allowed¶22

Purnima Kumari v. Ravishankar Prasad

Patna HC22 Aug 2024MJC/1207/2024

Case brief

AI extract

What is this about?

Wife's transfer petition allowed; transfer of Matrimonial (Divorce) Case No. 58 of 2019 from Family Court Madhubani to Family Court Supaul; desertion of wife; assault by in-laws; minor female child; petitioner dependent on parents; no economic assistance/maintenance from husband; liberty to appear physically or virtually; Patna High Court; MJC No.1207 of 2024; order dated 22-08-2024; Justice Rajiv Roy; convenience of wife in matrimonial case transfer.

What did the court decide?

Transfer of Matrimonial (Divorce) Case No. 58 of 2019 from the court of the learned Principal Judge, Family Court, Madhubani to the court of the learned Principal Judge, Family Court, Supaul, with liberty to both parties to appear either physically or through the virtual mode. ¶22

Purnima Kumari Vs Ravishankar Prasad — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether Matrimonial (Divorce) Case No. 58 of 2019, pending before the court of the Learned Principal Judge, Family Court, Madhubani, should be transferred to the Court of the Learned Principal Judge, Family Court, Supaul, where the petitioner is living with her parents after being deserted by her husband.

¶15

Court's answer

Considering that the petitioner, who has a female child, is living with her parents at Supaul, is fully dependent upon them, and there is no economic assistance from the husband, the Court transferred Matrimonial (Divorce) Case No. 58 of 2019, presently pending before the court of the learned Principal Judge, Family Court, Madhubani, to the court of the learned Principal Judge, Family Court, Supaul.

¶21

Ratio / Principle

Both parties were given liberty to appear before the learned Principal Judge, Family Court, Supaul either physically or through the virtual mode, accommodating the opposite party's stated difficulty in appearing at Supaul.

¶21

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), by oral order dated 22-08-2024, allowed MJC No. 1207 of 2024 and transferred Matrimonial (Divorce) Case No. 58 of 2019 from the court of the learned Principal Judge, Family Court, Madhubani to the court of the learned Principal Judge, Family Court, Supaul. Grounds: the petitioner-wife, allegedly assaulted and kicked out of her in-laws' house with a minor female child, is living with her parents at Supaul, is fully dependent upon them, receives no economic assistance from the husband, and cannot travel from Supaul to Madhubani on each and every date. Both parties were given liberty to appear before the Family Court, Supaul either physically or through the virtual mode, in view of the opposite party's contention that he may have difficulty appearing at Supaul due to the petitioner's family.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1207 of 2024 In

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Miscellaneous Jurisdiction Case No.2758 of 2019

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

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Purnima Kumari Wife of Ravishankar Prasad, Daughter of Nasiblal Gupta @ Nasiv Lal Sah Resident of Ward No.- 03, Murli, P.S.- Kishanpur, DistrictSupaul.

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... ... Petitioner/s

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Versus

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Ravishankar Prasad Resident of Village- Laukaha, P.S.- Laukaha, District Madhubani.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Bimal Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 22-08-2024

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Heard the parties.

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The present petition has been been filed for the grant

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of following reliefs:-

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“That the instant application is being filed for transfer of Matrimonial (Divorce) Case No. 58 of 2019, preferred on behalf of husband of this petitioner (opposite party here), from the court of Learned Principal Judge, Family Court, Madhubani, to the Court of Learned Principal Judge, Family Court, Supaul, where the petitioner is living with her parents, after being deserted from her husband.”

¶16

Pursuant to the order dated 19.06.2024, the opposite

¶17

party has appeared and his contention is that due to the family of petitioner, he may have problem in appearing in Family Court Supaul and as such if the transfer is made, he may be permitted to

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Patna High Court MJC No.1207 of 2024(4) dt.22-08-2024 2/2

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appear both through physical mode as also the virtual mode.

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Learned counsel for the petitioner submits that pursuant to the assault and kicking out from the in-laws house, with a minor female child, she is surviving with her parents and not in a position to go from Supaul to Madhubani on each and every date as no economic assistance is being rendered by the husband.

¶21

The facts are on record, the couple is blessed with a female child, the petitioner is living with her parents at Supaul, is fully dependent upon them and in that background and considering that there is no economic assistance from the husband, this Court is inclined to transfer the Matrimonial (Divorce) Case No. 58 of 2019 which is presently pending before the court of learned Principal Judge Family Court, Madhubani to the court of learned Principal Judge Family Court, Supaul. Both the parties shall have the liberty to appear before the learned Principal Judge Family Court, Supaul either physically or through the virtual mode.

¶22

The MJC No.1207 of 2024 is allowed with the aforesaid observation.

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(Rajiv Roy, J)

¶24

vinayak/-

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Purnima Kumari v. Ravishankar Prasad

Case brief

What is this about?

What did the court decide?

Purnima Kumari v. Ravishankar Prasad

Case brief

What is this about?

What did the court decide?

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What the court decided

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