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2022 DIGILAW 536 (PAT)

Nikki Sinha @ Nicky Sinha v. Priya Ranjan Sinha

2022-06-30

SANDEEP KUMAR

body2022
SANDEEP KUMAR, J.:–Heard learned counsel for the parties. 2. The present application has been filed for transfer of Matrimonial (Divorce) Case No. 34 of 2018 from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Saran at Chapra. 3. It has been submitted by learned counsel for the petitioner that the petitioner is not getting any maintenance and it is very difficult for her to appear in the Family Court, Muzaffarpur on each and every date of hearing leaving behind her child. 4. Learned counsel for the opposite party submits that the opposite party has been terminated from the service. He further submits that the petitioner has filed criminal cases against the opposite party and he is being tortured by the petitioner, so this Court may not transfer the case from Muzaffarpur to Saran at Chapra. 5. Considering the fact that the petitioner is a lady having a child and has no source of income and it will be difficult for her to visit Muzaffarpur on each and every date to contest the divorce case and that the opposite party will have no difficulty in contesting and in pursuing his divorce case in Saran at Chapra, this application is allowed. 6. Accordingly, Matrimonial (Divorce) Case No. 34 of 2018 is transferred from the Court of Principal Judge, Family Court, Muzaffarpur to the Court of Principal Judge, Family Court, Saran at Chapra. 7. The records of Matrimonial (Divorce) Case No. 34 of 2018 should be immediately sent by the Principal Judge, Family Court, Muzaffarpur to the Principal Judge, Family Court, Saran at Chapra. 8. The Principal Judge Family Court, Saran at Chapra is directed to dispose of the Maintenance Case No. 75 of 2015 filed by the petitioner within a period of three months from today. 9. Let a copy of this order be communicated to the Court of Principal Judge, Family Court, Muzaffarpur and the Principal Judge, Family Court, Saran at Chapara through FAX for its compliance. 10. With the aforesaid observations and directions, this application is allowed.