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Patna High Court

AnshumalaversusKumar Shanu

Decided
Disposal
DISPOSED

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/-

U


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