Patna High Court
Alka AnandversusGanesh Kumar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for transfer is allowed and the matrimonial case is ordered to be transferred to the Family Court, Sitamarhi.
Summary
The petitioner, Alka Anand, filed a petition seeking the transfer of Matrimonial Case No. 398 of 2017, filed under Section 9 of the Hindu Marriage Act, 1955, from the Family Court in Muzaffarpur to the Family Court in Sitamarhi. The petition argued that the transfer was necessary, and the opposite party appeared in response. The Patna High Court, after hearing both sides, allowed the petition with the condition that either party may appear physically or via video conferencing for subsequent hearings. Consequently, the court ordered that the matrimonial case be transferred to the Principal Judge of the Family Court, Sitamarhi. The order was pronounced by Justice Rajiv Roy on 9 April 2026.
Issues considered
- Whether the matrimonial case pending before the Family Court, Muzaffarpur, should be transferred to the Family Court, Sitamarhi under Section 9 of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 9
Subjects
- transfer of suit
- family court jurisdiction
- Hindu Marriage Act
- Section 9
- video conferencing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1070 of 2018
======================================================
Alka Anand daughter of Shambhu Nath Thakur, resident of Village- Bhaur,
P.S.- Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
Ganesh Kumar Son of Late Shailendra Prasad Thakur, Resident of Mohalla-
Golaband Road, P.S.- Town, District- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha, Advocate
For the Opposite Party/s : Mr. Alok Kumar Alok, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for transfer of Matrimonial Case No.
398 of 2017 filed under Section 9 of the Hindu
Marriage act, 1955 by the Opposite
Party/Petitioner from the Court of Principal Judge,
Family Court, Muzaffarpur to the Court of
Principal Judge, Family Court, Sitamarhi.”
3. Pursuant to the notice issued earlier, the O.P. 2 has
put in his appearance.
4. For the reasons assigned in different paragraphs of
the petition, the MJC No. 1070 of 2018 stands allowed with
condition that either of the parties will have option to appear
Patna High Court MJC No.1070 of 2018(4) dt.09-04-2026
2/2
either physically or through video conferencing mode on the
date of hearing.
5. Let the Matrimonial Case No. 398 of 2017
presently pending before the learned Principal Judge, Family
Court, Muzaffarpur be transferred to the Court of learned
Principal Judge, Family Court, Sitamarhi.
(Rajiv Roy, J)
Adnan/-
U
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