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2025 DAILYLAW 7619 (PAT)

Sita Kumari @ Kumari Sita v. Jai Prakash Yadav

MJC/3189/2025 · 2026-08-19

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 3189 of 2025 ====================================================== Sita Kumari @ Kumari Sita Wife of Jai Prakash Yadav and Daughter of Rajnath Yadav, Resident of Village- Teliadih, P.O.- Titath, P.S. Agioan Bazar, District- Bhojpur and at present resident of village- Ramgarh, P.S. Brahmpur, District- Buxar. ... ... Petitioner/s Versus 1. Jai Prakash Yadav Son of Surendra Yadav, Resident of village- Teliadih, P.O. Pitath, P.S. Agioan Bazar, District- Bhojpur. 2. Dilip Kumar@mukhiya son of late Raushan Yadav village - bilauti P.S.- Shahpur,District-Bhojpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1 : Mr. Shaivam Aniket, Advocate : Ms. Ojaswee Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 19-08-2026 Heard the parties. 2. The present petition has been preferred: “for a direction/ directions, order/ orders to transfer the case filed by opposite party as Marriage Dissolution Case No. 48 of 2025 before the Principal Judge, Family Court, Bhojpur, Ara to Principal Judge, Family Court, Buxar which filed against the petitioner under Section 12 of Hindu Marriage Act, 1955 because the petitioner has already been filed two cases against the opposite party i.e. Complaint Case No. 195(C) of 2025 U/S Patna High Court MJC No. 3189 of 2025(3) dt.19-08-2026 2/3 115(2)/ 85/ 3(5) B.N.S. and Section 4 D.P. Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Buxar and Maintenance Case No. 78 of 2025 which is pending in the Court of Principal Judge, Family Court, Buxar.” 3. Learned counsel for the petitioner has taken this Court to paragraph 6 and 7 which read as under: “6. That the petitioner is residing in her maika house at village Ramgarh, P.S. Brahmpur within the District of Buxar and distance between Maika village to Ara is 32 Kilometer whereas distance between maika village to Ara is about 50 Kilometer. 7. That it is relevant to stated here that the husband of petitioner (opposite party) is doing service at Chausa and distance between Chausa to Buxar is about 10-15 Kilometer.” 4. Learned counsel representing the opposite party also says that he has difficulty and there is apprehension in appearing before the transferred place but if he is allowed to appear through the video conferencing, has no objection. 5. The petitioner has no objection to the husband Patna High Court MJC No. 3189 of 2025(3) dt.19-08-2026 3/3 appearing through video conferencing. 6. In that background, with the consent of both the parties, Marriage Dissolution Case No. 48 of 2025 is hereby transferred from the Court of the learned Principal Judge, Family Court, Bhojpur, Ara to the Court of the learned Principal Judge, Family Court, Buxar with liberty to both parties to appear either physically or virtually through video conferencing. 7. In the event that the learned Principal Judge, Family Court, Buxar considers the physical presence of the parties necessary for the purpose of mediation, an appropriate order may be passed directing the parties to remain physically present on the particular date fixed for such mediation. 8. The MJC No. 3189 of 2025 stands disposed of. sanny/- (Rajiv Roy, J) U