Patna High Court

Puja GuptaversusGaurav Kumar

Decided: 30 January 2026
Disposal: WITHDRAWN
Bench: HARISH KUMAR

Holding

Since the matrimonial case was already disposed ex parte, the transfer application was dismissed as withdrawn.

Summary

Petitioner Puja Gupta filed a transfer application concerning Matrimonial (Divorce) Case No. 155 of 2022. The petitioner’s counsel later admitted that the divorce case had already been disposed ex parte on 06.01.2024, a fact not previously before the court. The petitioner sought an apology for the oversight and requested withdrawal of the transfer application as it had become moot. The court, noting the inadvertence and the prior disposal of the divorce case, dismissed the transfer application as withdrawn. No further relief was granted.

Issues considered

Can a transfer application be entertained when the original matrimonial case has already been disposed ex parte?

Subjects

matrimonial law
divorce
ex parte decree
transfer application
withdrawal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.1390 of 2022
                  ======================================================
                  Puja Gupta Wife of Gaurav Kumar, D/o Late Vindhyachal Prasad Gupta,
                  resident of Village Daudnagar, near Masjid, P.S. Vaishali, District- Vaishali,
                  present address - Gandhi Nagar, Ramna, P.S. - Motihari Town, District - East
                  Champaran.
                                                                              ... ... Petitioner/s
                                                         Versus
                  Gaurav Kumar Son of Vishwanath Sah, resident of Village Daudnagar, near
                  Masjid, P.S. - Vaishali, District - Vaishali.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Abhishek Kumar
                  For the Opposite Party/s :     Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

5    30-01-2026                  Heard the parties.

                                 2. Learned Advocate for the petitioner submits that on

                    account of inadvertence, on the last occasion this fact could not

                    be brought to the knowledge of this Court that Matrimonial

                    (Divorce) Case No. 155 of 2022 already stood disposed of long

                    back on 06.01.2024, since the order was passed ex parte. In

                    view of the aforesaid fact, he seeks apology and prays for

                    withdrawal of the transfer application, on account of the same

                    having become infructuous.

                                 3. Accordingly, the present application stands

                    dismissed as withdrawn.


                                               (Harish Kumar, J)
Anjani/-
U

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