Allowed

Nishi Chanda v. Shashi Bhushan Sinha

Patna HC8 Aug 2024MJC/1501/2023

Case brief

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What is this about?

A wife sought transfer of a matrimonial case from Sitamarhi Family Court to Muzaffarpur, citing absence of financial support, other pending cases there, and threats. With the husband absent despite notice and no counter-arguments offered, the court allowed the transfer.

What did the court decide?

Files of Matrimonial Case No. 26 of 2020 transferred from Family Court, Sitamarhi to Family Court, Muzaffarpur.

Nishi Chanda Vs Shashi Bhushan Sinha — Matrimonial and Divorce | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1501 of 2023

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====================================================== Nishi Chanda Wife of Shashi Bhushan Sinha, Daughter of Manoj Kumar, Presently resides at Mohalla- Nazirpur (Akharaghat), P.S.- Ahiyapur, DistrictMuzaffarpur.

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... ... Petitioner/s

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Versus

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Shashi Bhushan Sinha Son of Umesh Kumar Sinha, Resident of MohallaDumra Ward No.-3, Road No. 2, P.S.- Dumra, District Sitamarhi.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh, Adv For the Opposite Party/s : ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 08-08-2024

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Heard Mrs. Bela Singh, learned counsel for the petitioner, though pursuant to the notice issued on 25.04.2024, the opposite party appeared but has chosen to absent himself when the case was called out.

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2. The present writ petition has been preferred for transfer of Matrimonial Case No. 26 of 2020 “Shashi Bhushan Sinha Vrs. Nishi Chanda”, pending in the Court of Principal Judge, Family Court, Sitamarhi to Principal Judge, Family Court, Muzzafarpur.

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Learned counsel for the petitioner submits that she do not have any financial support and is completely dependent on the parents. Further, two cases viz. Complaint Case No. 2414 of 2020 and Maintenance Case No. 129 of 2020 are pending

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Patna High Court MJC No.1501 of 2023(4) dt.08-08-2024 2/2

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before appropriate Court at Muzaffarpur. She also submits that the petitioner has threat in Sitamarhi from the husband/family members.

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As observed above, no one has chosen to counter the case of the petitioner, though appearance of Mr. Jivan Prakash Sinha and Mr. Basant Kumar Mishra is/are on record. In that view of the matter and considering the submissions put forward by the learned counsel for the petitioner, Mrs. Bela Singh, this Court deems it fit and proper that the files of Matrimonial Case No. 26 of 2020 is transferred from the Court of learned Principal Judge, Family Court, Sitamarhi to the Court of learned Principal Judge, Family Court, Muzaffarpur.

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The present petition is allowed.

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(Rajiv Roy, J)

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Vijay Singh/-

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Nishi Chanda v. Shashi Bhushan Sinha

Case brief

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Nishi Chanda v. Shashi Bhushan Sinha

Case brief

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