LAWS(PAT)-2017-5-225

SHINGLA PRABHA Vs. STATE OF BIHAR & ANR.

Decided On May 11, 2017
Shingla Prabha Appellant
V/S
STATE OF BIHAR AND ANR. Respondents

JUDGEMENT

(1.) Heard Sri Dharmendra Kumar Paswan, learned counsel. for the petitioner and Sri Pradhan Murli Manohar Prasad, learned counsel who has appeared on behalf of opposite party no. 2/husband of the petitioner.

(2.) The petitioner has approached this Court under Section 24 of the Code of Civil Procedure, 1908, with a prayer to transfer the record of Divorce Case No. 383 of 2016 from the court of Principal Judge, Family Court, Muzaffarpur to any other competent Family Court either at Vaishali (Hajipur) or Patna.

(3.) It has been disclosed that petitioner's marriage with opposite party was solemnized on 18-06-2004. It has been pleaded that in the marriage, dowry was also provided and even after the marriage, demand of Alto Car was made and due to non-fulfillment, the petitioner was administered torture by the opposite party and other in-laws. Finally, in the year 2011, the petitioner was ousted from her in-laws' house and thereafter, the petitioner filed a complaint case in the court of Chief Judicial Magistrate, Vaishali at Hajipur. As per petition, besides complaint case, the petitioner has also filed a maintenance case, vide Maintenance Case No. 108 of 2013, in the court of Principal Judge, Family Court, Vaishali at Hajipur. Subsequently, according to learned counsel for the petitioner, with a view to further harass the petitioner, the husband/opposite party no. 2 filed the present case i.e. Divorce Case No. 383 of 2016 at Muzaffarpur.