Tabassum Fatma @ Tabassum Fatima @ ... vs Fakhruddin Ali Ahmad
2022 Latest Caselaw 4330 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             Miscellaneous Jurisdiction Case No.257 of 2021
======================================================

Tabassum Fatma @ Tabassum Fatima @ Tabassum Fatama, Daughter of Md. Zainul Haque and Wife of Fakhruddin Ali Ahmad, Resident of House No. 31, Shah Colony, P.S.-Alamganj, Sampatchak, District-Patna.

... ... Petitioner/s Versus Fakhruddin Ali Ahmad, Son of Md. Rahmatullah, Resident of Village- Saratha, P.S.-Dhaka, District-East Champaran, at present Section Officer (XLM), XPD Division, Shastri Bhawan, Ministry of External Affairs, New Delhi, PIN-110001.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Shambhu Sharan Sharma Mr. Mrinal Mohan For the Opposite Party/s : Mr. Rakesh Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 05-08-2022

Heard the parties.

This application has been filed for transfer of Divorce

Case No. 460 of 2019, filed by the Opposite Party against the

petitioner, pending before learned Principal Judge, Family

Court, Motihari, East Champaran to the learned Principal Judge,

Family Court, Patna.

It has been submitted by learned counsel for the

petitioner that the marriage between petitioner and opposite

party was solemnized on 22.12.2003 as per the Muslim rites and

rituals at Biharsharif, District- Nalanda and shortly after the

marriage, the opposite party and his family members started Patna High Court MJC No.257 of 2021 dt.05-08-2022

demanding dowry from the petitioner and when she expressed

her inability to fulfil the demands, the petitioner was being

tortured and harassed by her husband and in-laws.

It has also been submitted by learned counsel for

the petitioner that it is not possible for the petitioner to travel to

Motihari and come back to Patna after attending the court

proceedings in one day and the petitioner being the mother of

two minor school going children, she has to attend their

wellbeing as well. it is very difficult for her to appear in the

Family Court, Motihari on each and every date of hearing. And

therefore, petitioner being a lady is not feeling safe and secure

to travel alone to Motihari for attending the court proceedings.

Learned counsel for the opposite party has been

heard.

Considering the fact that the petitioner is a lady

and being mother of two minor school going children, it will be

difficult for her to visit Motihari 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

Patna, hence, this application is allowed.

Accordingly, Divorce Case No. 460 of 2019 is

transferred from the Court of Principal Judge, Family Court, Patna High Court MJC No.257 of 2021 dt.05-08-2022

Motihari to the Court of Principal Judge, Family Court, Patna.

The records of Divorce Case No. 460 of 2019

should be immediately sent by the Principal Judge, Family

Court, Motihari, East Champaran to the Principal Judge, Family

Court, Patna.

Let a copy of this order be communicated to the

Court of Principal Judge, Family Court, Motihari, East

Champaran and the Principal Judge, Family Court, Patna,

through FAX for its compliance forthwith.

(Sandeep Kumar, J)

Shishir/-

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Uploading Date          11 /08/2022
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