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2000 DIGILAW 790 (SC)

Munni v. Shailendra Kumar Choudhary

2000-04-13

S.B.MAJMUDAR, Y.K.SABHARWAL

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ORDER Leave granted. 2. Having heard learned Counsel for the parties finally, we find that it is an admitted position that the Petitioner has herself filed a criminal complaint in the Court of the learned Judicial Magistrate, 1st Class Vaishali at Hajipur. We are also informed that Hajipur is half way between Samastipur where the Respondent-husband resides and Patna where the Petitioner-wife serves as a nurse. When the Petitioner has herself filed a criminal complaint at Hajipur, the appropriate order to be passed is to direct that the Divorce case pending between the parties filed by the Respondent at Samastipur should be transferred to the District Court at Hajipur. The learned District Judge, Hajipur may try the case himself or assign the same to any other Court of competent jurisdiction. Ordered accordingly. 3. The appeal is allowed accordingly. No costs. (C.R.) Appeal allowed. *************** Parallel Citations of other Journals : Munni Kumari v. Shailendra Kumar Chodhary, 2000(6) Supreme 250 : 2000 (7) JT 408 : 2000 (2) HLR 177 00019