Rajendra Paswan v. Mahipal Nagar, Police Station

Patna High Court MJC No.4175 of 2012 (8) dt.20-03-2013 Page 2 /4 have given rise to several litigations. Opposite party no.2 filed the aforesaid Matrimonial case no. 199 of 2012 at Katihar on 30.4.12. The petitioner filed a complaint case under diverse Sections of the Penal Code on 24.5.12 at Munger followed by another proceeding under Section 125 of the Cr.P.C seeking maintenance at Munger. Learned counsel submits that petitioner is lady having no source of her income. She is totally dependent on her father with whom she is currently residing. The distance between the two places is far. It will be very difficult for the petitioner to travel to Katihar in order to contest the said case. It is also submitted that the two cases filed by the petitioner are already pending at Munger. In one of the aforesaid two cases the opposite party has already appeared. In the counter affidavit, a stand has been taken that the petitioner lives at Bhagalpur and, therefore, she can pursue the case at Katihar.

Relying on Annexure-A to the counter affidavit, it has been stated that the opposite party will have enormous difficulty in contesting the case at Munger. Learned counsel for the petitioner, on the other hand, states that the ‘Sanha’ was lodged on 31.01.2013. Prior thereto the opposite party no.2 had sought time in the present case on 29.1.13 for filing counter affidavit. In order to strengthen his case ‘Sanha’ was lodged Patna High Court MJC No.4175 of 2012 (8) dt.20-03-2013 Page 3 /4 thereafter which has been enclosed along with counter affidavit. From perusal of the materials on record and after hearing learned counsel for the petitioner, this Court finds that the marriage between them has generated at least three litigations. Two of them lodged by the petitioner at Munger whereas the Matrimonial case no. 199 of 2012 was lodged by the opposite party no.2 at Katihar. Petitioner is residing with her parents at Bhagalpur.

It has been stated that she is not gainfully employed and she is totally dependent on the earnings of her father. In a matter like this, the convenience of the lady is relevant consideration. Two matters are already pending at Munger wherein the opposite party no.2 has to appear and contest. The apprehension shown by the opposite party no.2 based on Annexure-A to the counter affidavit does not inspire confidence. Regard being had to the above, this Court is satisfied that the ends of justice shall be best sub served if the present proceeding pending at Katihar be transferred to the Court of learned Principal Judge, Family Court, Munger for disposal in accordance with law. The application is, therefore, allowed in the following terms:- (i) Records of Matrimonial case no. 199 of 2012 pending in the Court of Patna High Court MJC No.4175 of 2012 (8) dt.20-03-2013 Page 4 /4 learned Principal Judge, Family Court, Katihar is withdrawn from the file of the said Court and are transferred to the file of learned Principal Judge, Family Court, Munger.

Principal Judge, Family Court, Katihar shall make over records of the said case to the Principal Judge, Family Court Munger within 02 (two) weeks from the date of receipt/production of the certified copy of the present order. (ii) The petitioner shall approach the Court(s) where two other proceedings are pending at her instance to fix date(s) in those cases, as far as practicable, which would synchronize with the date(s) to be fixed in the present proceeding. Shyam/- (Kishore Kumar Mandal, J)