PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 10:

Heard the parties.

2. The application has been filed, seeking transfer of Matrimonial Divorce Case No. 1696 of 2022 instituted under Section 13(1)(i)(a) of the Hindu Marriage Act by the opposite party from the Court of learned Principal Judge, Family Court, Patna to the court of learned Principal Judge, Family Court, Madhubani.

3. The marriage of the petitioner was solemnised with the opposite party on 08.12.2021. Just after marriage, allegedly she was subjected to torture in various ways on account of non fulfillment of dowry leading to institution of Rahika P.S. Case No. 67 of 2023. The petitioner has further been ousted from the matrimonial home; since the petitioner was not

getting any financial assistance, this led to filing of M.R. Case No. 101 of 2023 before the court of Principal Judge, Family Court, Madhubani seeking monthly maintenance and litigation expenses. A copy of the final order passed in the afore noted case has been produced before this Court and the same is kept on record. On perusal of the order passed in the afore noted MR Case No. 101of 2023, it appears that the opposite party has been directed to pay a sum of Rs.8,000/- per month towards maintenance to the applicant with effect from the presentation of the application and further Rs.2,000/- has been award as a litigation cost.

4. It is the contention of the petitioner that despite the order having been passed by the learned Principal Judge, Family Court, Madhubani, till date the petitioner has not been offered as a single penny and as such she is facing serious financial crunch to pursue the litigation. Moreover, the petitioner is aged about 28 years and now she has been residing with her parents at Madhubani and there is no one in her family to look after and, as such, she is facing difficulty to pursue the divorce case. Learned Advocate for the petitioner also placed reliance upon the decision of the Hon'ble Supreme Court in the case of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318] to support the aforesaid contention.

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