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Patna High Court

Alka AnandversusGanesh Kumar

Decided
Disposal
DISPOSED

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

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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