ANKITA BHARTI, WIFE OF SHYAM BABU YADAV, DAUGHTER OF SACHHIDANAND YADAV Vs. SHYAM BABU YADAV, SON OF YAMUNA PRASAD YADAV

JUDGEMENT

(1.) Heard Sri Manoj Kumar Jha, learned counsel for the petitioner and Sri Akhileshwar Kumar Shrivastava, learned counsel who has appeared on behalf of the 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 direct for transferring Divorce Case No. 309 of 2012 from the court of Principal Judge, Family Court, Bettiah, West Champaran to the court of Principal Judge, Family Court, Munger.

(3.) It has been pleaded that petitioner' marriage with opposite party was solemnized on 25.2.2012 and for some time they led peaceful conjugal life but thereafter, she was tortured. It has been claimed that petitioner was ousted from her matrimonial house within a few months from the date of marriage on 15.4.2012 and thereafter, the petitioner filed a criminal case against her husband and his other family members which was registered as Munger Sadar Mahila P.S. Case No. 40 of 2012 for the offence under Section 498(A)/ 307/ 34 / 504 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act, 1961. It was argued by learned counsel for the petitioner that after knowing well that petitioner after being ousted from her in- laws house was residing with her old father, who was a Class IV employee in Railway at Munger, the opposite party filed divorce case in the court of Principal Judge, Family Court Bettiah. It has been argued that in view of Section 19 of the Hindu Marriage Act, 1955 since on the date of filing of the suit petitioner was residing at Munger as well as the fact that petitioner is a lady, the opposite parry was required to file the suit at Munger not at Bettiah. It has also been argued that being lady it would be difficult for her to regularly attend the proceedings at Bettiah from Munger and as such, a prayer has been to transfer the record from Bettiah to Munger.