PATNA, India, Feb. 17 -- Patna High Court issued the following judgment on Jan 16:

1. Heard Mr. Siyaram Pandey, learned Advocate for the petitioner and Mr. Satish Kumar Singh, learned Advocate for the opposite party.

2. Invoking the jurisdiction of this Court, an application under Section 24 of the Code of Civil Procedure has been preferred seeking transfer of Divorce Case No. 51 of 2022 filed by the opposite party from the court of learned Principal Judge, Family Court, Saharsa to the court of learned Principal Judge, Family Court, Muzaffarpur.

3. The marriage of the petitioner was solemnised on 09.12.2020 as per the Hindi rites and rituals, however, soon after the marriage, she was subjected to demand of dowry and on account of non fulfillment of the same, she was subjected to torture in various ways. The aforesaid incidence led to filing of Sadar P.S. Case No. 686 of 2022 for the offences punishable under Sections 498A, 323, 504, 506, 307/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against the opposite party and others. The petitioner also filed Maintenance Case No. 125 of 2023 agaisnt the opposite party, which is also pending before the learned Principal Judge, Family Court, Muzaffarpur. There is a further litigation giving rise to Domestic Violence Case No. 1154 of 2023 registered under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the learned Chief Judicial Magistrate, Muzaffarpur.

4. Referring to the aforesaid facts, learned Advocate for the petitioner submitted that besides the three cases, as noted hereinabove, are pending consideration before the learned jurisdictional court of Muzaffarpur, the petitioner is unable to attend the Divorce Case No. 51 of 2022, pending before the court of learned Principal Judge, Family Court, Saharsa at a distance of 160 KM, the petitioner is a hapless lady fully dependent upon her old aged parents and there is no one to look after her; besides there is no any financial assistance.

5. On the other hand, learned Advocate for the opposite party filed a counter affidavit and submitted that all the three cases, which have been taken note of in the afore going paragraphs have been filed back to back one by one after filing of Divorce case in order to wreak vengeance and put pressure. So far the distance is concerned, it is the admitted position that from Saharsa to Muzaffarpur, there is a good connectivity of four lane road as well as Railway and the opposite party is ready to pay the statutory amount on every appearance of the petitioner. It is next contended that the entire case of the petitioner is based upon concocted allegation and she does not deserve any sympathetic consideration to this Court only on account of she being the wife of the opposite party. A part from the fact, the petitioner had already entered her appearance and filed written statement in Divorce case.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTAjMTIyNCMyMDIzIzEjTg==-mJurlP--ak1--3sqk=)

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