Patna High Court
AnshumalaversusKumar Shanu
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The application for transfer is infructuous and is therefore disposed of.
Summary
The petitioner Anshumala filed an application seeking transfer of Restitution Case No.127 of 2023 from the Family Court, Samastipur to the Family Court, Ara. The husband, opposite party No.1, gave an undertaking to withdraw the restitution case within four weeks. In view of this undertaking, the court held that the transfer application became infructuous. Consequently, the application was disposed of. No further orders were made.
Issues considered
- Whether the application for transfer of Restitution Case No.127 of 2023 remains maintainable after the husband’s undertaking to withdraw the case?
Subjects
- family law
- restitution
- transfer of suit
- jurisdiction
- marital dispute
- court application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3477 of 2023
======================================================
Anshumala D/o Ashok Kumar Sinha, W/o Kumar Shanu, resident of Vill-Teni
Bigha, P.O. and P.S.-Jehanabad, Dist-Jehanabad, Bihar presently posted at
-Ara Nawada, P.S. Dr. Ayodhya Niwas, Mohalla-Bandhan Tola, Behind-
Kstriya Schol, Ara, District-Bhojpur.
... ... Petitioner/s
Versus
1. Kumar Shanu S/o Rajendra Yadav, Village-Dharmpur, Doodhpura, P.S.-
Samastipur, Muffasil, District-Samastipur.
2. Rajendra Yadav, S/o Village-Dharmpur, Doodhpura, P.S.-Samastipur,
Muffasil, District-Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate
For the Opposite Party/s : Mr. Raja Ram Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
9 16-01-2026 Heard the parties.
2. In pursuant to the order of this Court, both the
husband and the wife entered their appearance. However, this
Court is pained to know that the parties are not willing to live
together and the differences could not be resolved by one reason
or other. The blame game has not ended yet.
3. Be that as it may, the opposite party No. 1-husband
of the petitioner submits at the Bar and gives undertaking before
this Court that he will withdraw Restitution Case No. 127 of
2023 from the court of learned Principal Judge, Family Court,
Samastipur for which he will file a petition preferably within a
period of four weeks.
Patna High Court MJC No.3477 of 2023(9) dt.16-01-2026
2/2
4. In view of the undertaking, now the application
seeking transfer of Restitution Case No. 127 of 2023 from the
court of learned Principal Judge, Family Court, Samastipur to
the court of learned Principal Judge, Family Court, Ara, Bhojpur
has become infructuous.
5. The present application stands disposed of
accordingly.
(Harish Kumar, J)
Anjani/-
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