Patna High Court
Puja KumariversusManoj Sah
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The matrimonial suit shall be transferred from the Family Court, Kishanganj to the Family Court, Saran at Chapra.
Summary
The petitioner, Puja Kumari, filed a petition in the Patna High Court seeking transfer of Matrimonial Suit No. 09 of 2022, pending before the Family Court, Kishanganj, to the Family Court, Saran at Chapra. The petition highlighted that the petitioner, a mother of a minor child, had no economic support and would face hardship traveling the distance to Kishanganj. The opposite party initially claimed the case was posted for judgment, but the High Court found that claim inaccurate and noted the suit remained pending. Considering the petitioner’s circumstances and the inconvenience involved, the Court ordered the transfer of the matrimonial suit to the Family Court, Saran. The Court also directed that the opposite party may appear either physically or virtually before the new court. The petition was disposed of with the transfer order.
Issues considered
- Whether the matrimonial suit pending in Family Court Kishanganj can be transferred to Family Court Saran at Chapra on grounds of convenience, distance, and welfare of the petitioner and her minor child?
Subjects
- Family Law
- Matrimonial Suit
- Transfer of Jurisdiction
- Child Welfare
- Legal Aid
- High Court Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1467 of 2023
======================================================
Puja Kumari W/O- Manoj Sah, D/O- Ramjit Sah, R/O Shyam Chowk, P.O.-
Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran at Chapra. Pin- 841301.
... ... Petitioner/s
Versus
Manoj Sah S/o- Ramayan Sah, R/o- Presently- Halim chowk, Nawab Bagh,
Colony, P.S and P.S. and District- Kishanganj, Pin 855107, Permanent R/O
Village- Enai, P.O- Enai, P.S. Revilganj, District- Saran at Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Pratap Singh, Advocate
For the Opposite Party/s : Mr. Ramakant Sharma, Sr. Advocate
: Mr. Rakesh Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 03-04-2026 Heard Mr. Tej Pratap Singh, learned counsel for the
petitioner and Mr. Ramakant Sharma, learned Senior Counsel
representing the opposite party.
2. The present petition has been preferred for the
grant of following relief(s):
“for transfer of Matrimonial Suit No.09 of
2022 pending in the court of learned Principal
Judge, Family Court, Kishanganj to the learned
court of learned Principal Judge, Family Court,
Saran at Chapra which has been filed by the
opposite party/plaintiff against the petitioner on
03.02.2022 for dissolution of marriage.”
Patna High Court MJC No.1467 of 2023(6) dt.03-04-2026
2/4
3. On the last occasion (18.02.2026), it was insisted
by Mr. Mayank Raj, learned counsel attached to the office of
learned Senior Counsel that the matter is placed for judgment.
In that background, the following order was passed:
“When the case was called out, learned
counsel representing the sole opposite party
submits that the pleadings have been completed
and the case was posted for judgment when the
order of the High Court was passed staying the
further proceeding.
2. The least that was expected from the
opposite party is/was to produce the order-sheet
of the Family Court, Kishanganj in Matrimonial
Suit No. 09 of 2022.
3. Learned counsel for the opposite
party submits that on the next date of hearing, he
shall be producing the ordersheet and shall also
file an affidavit.
4. It is made clear that if the
contention put forward by the learned counsel
for the opposite party that Matrimonial Suit No.
09 of 2022 is placed for judgment is found to be
Patna High Court MJC No.1467 of 2023(6) dt.03-04-2026
3/4
incorrect, an appropriate order shall be passed.
5. List this case on 20.03.2026.”
4. Learned Senior Counsel submits that it was a
wrong submission for which the sole opposite party submits
apology.
5. This Court refrains from making any comment in
the said matter but can only advice Mr. Mayank Raj that he
should be careful in future.
6. This Court had taken note of the fact on 29.08.2024
itself while issuing notice to the opposite party and further
proceeding of the Matrimonial Case No. 09 of 2022 pending
before the Family Court, Kishanganj was stayed.
7. Further, contrary to the statement made on
18.02.2026 by Mr. Mayank Raj, the case is still pending.
8. Considering the aforesaid facts as also the distance
that the lady will have to cover who is blessed with a minor
child and have no economic support, in that background, this
Court is of the opinion that the case be transferred from the
Court of learned Principal Judge, Family Court, Kishanganj to
that of learned Principal Judge, Family Court, Saran at Chapra.
9. This Court further records that the sole opposite
party shall be free to appear before the learned Principal Judge,
Patna High Court MJC No.1467 of 2023(6) dt.03-04-2026
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Family Court, Saran at Chapra either physically or through
virtual mode.
10. With the aforesaid observation MJC No. 1467 of
2023 stands disposed of.
(Rajiv Roy, J)
vinayak/-
U
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