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(2022) Law Today Live Doc. Id. 17198 = 2023(1) L.A.R. 134
Decided on: 01.11.2022
For Petitioner(s):
Mr. Neeraj Shekhar, AOR
Code of Civil Procedure, 1908 (V of 1908), Section 25 – Hindu Marriage Act, 1955 (25 of 1955), Section 9 -- Transfer of restitution of conjugal rights case – Bihar to Maharashtra – Petitioner/ wife is unemployed and is dependent on her parents, coupled with the fact that three cases are already pending against the respondent(s) in the Courts at Nagpur, Maharashtra, Matrimonial Case pending before the Family Court, Bhagalpur, Bihar is ordered to be transferred to a Family/Competent Court at Nagpur, Maharashtra.
(Para 1-4)
ORDER
1. The petitioner (wife) seeks transfer of Matrimonial Case No.274/2021 titled “Saket Kumar vs Harsha Singh and Anr.” filed for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955 by the respondent (husband), which is pending before the Family Court, Bhagalpur, Bihar, to a competent Court at Nagpur, Maharashtra.
2. The marriage between the parties was solemnized on 21-04-2017.
3. Notice was issued to the respondents and as per the Office Report dated 01-10-2022, show cause notices have been delivered to both the respondents on 26-09-2022 & 22-09-2022, but nobody has entered appearance on their behalf so far.
4. Taking into consideration the fact that the petitioner is unemployed and is dependent on her parents, coupled with the fact that three cases are already pending against the respondent(s) in the Courts at Nagpur, Maharashtra, but without expressing any views on the merits of the case, the Matrimonial Case No.274/2021 titled “Saket Kumar vs Harsha Singh and Anr.”, pending before the Family Court, Bhagalpur, Bihar is ordered to be transferred to a Family/Competent Court at Nagpur, Maharashtra.
5. The records be forwarded to the transferee Court forthwith.
Petition allowed.
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