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2014 DIGILAW 1277 (PAT)

Parwati Devi v. Raja Ram Sahani

2014-12-23

RAKESH KUMAR

body2014
Order Today again, none appeared on behalf of opposite party. On 17-12-2014, since none had appeared on behalf of opposite party, even after valid service of notice, this case was fixed for ex-parte hearing. 2. Heard Dr. Amrendra Kumar, learned counsel for the petitioner. 3. The present petition under Section 24 of the Civil Procedure Code has been filed with a prayer to transfer Divorce Case No. 109 of 2013 from the court of Principal Judge, Family Court, Samastipur to the court of competent jurisdiction in the Begusarai Judgeship. 4. It has been pleaded that petitioner’s marriage with opposite party was solemnized in the year 2001. From the said wedlock, the petitioner was blessed with three children. However, since some dispute arose, the petitioner was constrained to live with her old parents at Begusarai. It has further been indicated that petitioner has filed a complaint case, vide Complaint Case No. 1474 C of 2013, which is pending in the court of Sub-Divisional Judicial Magistrate, Begusarai against the opposite party. Besides complaint case, one maintenance case, vide Maintenance Case No. 76M of 2013 is also pending in the court at Begusarai. 5. Learned counsel for the petitioner submits that being a lady, having three minor children, it would be difficult for the petitioner to regularly attend the proceeding in the court at Samstipur from Begusarai. Accordingly, a prayer has been made for transferring the record from the court of Principal Judge, Family Court, Samastipur to the Begusarai court. 6. In view of the facts and circumstances, particularly; the fact, which has been mentioned in the Divorce Case No. 109 of 2013 i.e. Annexure ‘1’ to the present petition that marriage of petitioner with opposite party was solemnized within the territorial jurisdiction of the Begusarai court and undisputed fact regarding three minor children of the petitioner residing with the petitioner with her old parents at Begusarai, the Court is of the opinion that for just decision in the matter, it is required to direct for transferring the case record from the court of Principal Judge, Family Court, Samstipur to the court at Begusarai. 7. Accordingly, the present petition stands allowed ex parte against opposite party with a direction to transmit the record of Divorce Case No. 109 of 2013 from the court of Principal Judge, Family Court, Samstipur to the court of Principal Judge, Family Court, Begusarai forthwith.