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Patna High Court

Deep ShikhaversusAmardeep Kumar

Decided
Disposal
DISPOSED

Holding

The suit is transferred to the Principal Judge, Family Court, Patna, with the opposite party permitted to appear physically or via video‑conferencing.

Summary

The petitioner, Deep Shikha, filed an application under Section 9 of the Hindu Marriage Act seeking transfer of Family Title Suit No.160/2017 from the Family Court in Chapra, Saran to the Family Court in Patna, citing her residence in Patna, lack of financial means to travel repeatedly, and the need to care for a child. The opposite party consented to the transfer. The Court examined whether the transfer was permissible under Section 9, considering the convenience of the parties and the consent given. It held that the transfer was appropriate and ordered the suit to be transferred to the Principal Judge, Family Court, Patna, allowing the opposite party to appear either physically or via video‑conferencing. The application was thereafter disposed of.

Issues considered

  • Whether a family title suit under Section 9 of the Hindu Marriage Act may be transferred from one family court to another on the ground of the petitioner's residence and financial constraints?
  • Whether the consent of both parties suffices for such a transfer and whether the opposite party may appear through video‑conferencing after transfer?

Legislation cited

Subjects

  • Family Law
  • Transfer of Suit
  • Hindu Marriage Act
  • Section 9
  • Jurisdiction
  • Video Conferencing
  • Convenience of Parties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2368 of 2018
                 ======================================================
                 Deep Shikha Wife of Amardeep Kumar, Daughter of Arun Kumar Pradhan,
                 resident of Mohalla- Mahabir Colony, Makan No. 60, Road No. 4D, P.O.
                 Beur, P.S. Beur, District- Patna.

                                                                       ... ... Petitioner/s
                                                Versus
                 Amardeep Kumar Son of Om Prakash Prasad, aged about 34 years, resident
                 of Village and Post- Garkha, Police Station- Garkha, District- Saran at
                 Chapra, Mobile No. 8375015990.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Prasad, Adv.
                 For the Opposite Party/s :        Mr. Manoj Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   26-03-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                       for issuance of a direction for
                                              transfer the Family Title Suit No.160/2017
                                              under Section 9 of the Hindu Marriage Act
                                              from the Principal Judge, Family Court,
                                              Chapra Saran to the Principal Judge, Family
                                              Court, Patna,
                                3.   The petitioner has claimed that she is residing

                   along with her parents in Patna and has no economic support to

                   go every time to Chapra to attend the proceeding. She also has a

                   child to take care of and in that background, prayer has been

                   made to transfer the petition to Patna.

                                4. The opposite party has appeared and with the

                   consent of the parties, the matter is being transferred from the
           Patna High Court MJC No.2368 of 2018(7) dt.26-03-2026
                                                       2/2




                     Court of learned Principal Judge, Family Court, Saran at Chapra

                     to the Court of learned Principal Judge, Family Court, Patna

                     with the observation that the opposite party no. 2 shall be free to

                     either appear in Patna physically or through video conferencing

                     and if such request is made, proper arrangement to be made.

                                  5. With the aforesaid observation, MJC No. 2368 of

                     2018 is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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