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Aarati Kumari Vs. Sanjeev Kumar Singh

[Transfer Petition (Civil) No. 232 of 2018]

This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondenthusband in the Court of Principal Judge, Family Court, Varanasi to the Family Court, Muzaffarpur, Bihar.

By order dated 16.09.2019, the parties were directed to appear before the Supreme Court Mediation Centre to explore the possibility of settlement.

According to the report of the Supreme Court Mediation Centre submitted on 05.10.2019, the parties could not arrive at any mutually acceptable terms of settlement.

Heard learned counsel for both sides and perused the record.

Considering the facts and circumstances on the record, this Court is of the opinion that request for transfer of proceedings from the Family Court, Varanasi to the Family Court, Muzaffarpur, Bihar, is justified.

Consequently, the divorce petition bearing No.1299/2017, titled as "Sanjeev Kumar Singh v. Aarati Kumari", pending in the Court of the Principal Judge, Family Court, Varanasi is transferred to the Court of Principal Judge, Family Court, Muzaffarpur, Bihar The Family Court at Varanasi is directed to transmit the entire record to the transferee Court immediately.

The transferee Court at Muzaffarpur shall ensure that for facilitation of the parties, successive date(s) of hearing and/or for recording of evidence are fixed to suit the convenience of the parties, especially the respondent who has to travel to attend the proceedings.

The transferee Court shall decide the case so transferred as expeditiously as possible and in any case within one year from the receipt of copy of this order. The Registry is directed to send a copy of this Order to both the Courts immediately by e-mail for compliance.

This transfer petition is allowed accordingly.

.......................J. [S. Ravindra Bhat]

New Delhi;

October 04, 2021

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