Patna High Court
ShivaniversusAnant Kumar Anand
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court ordered the transfer of Matrimonial Case No. 201 of 2023 from the Family Court, Vaishali to the Family Court, Patna.
Summary
The petitioner, Shivani, filed an application seeking transfer of her matrimonial case (No. 201 of 2023) from the Family Court in Vaishali to the Family Court in Patna. Both parties appeared and expressed willingness to resolve matters amicably, though they have not reached a final settlement. The husband demonstrated bonafide intent, agreeing to the transfer and undertaking to pay maintenance of Rs.3,000 per month. The court noted the husband's anticipatory bail conditions and the wife's need to stay in Patna for a nursing internship. Considering the submissions, the court found no impediment and ordered the transfer, directing the Patna Family Court to issue fresh notices and proceed according to law. The application was thereafter disposed.
Issues considered
- Whether the matrimonial case pending in Vaishali can be transferred to the Family Court, Patna
- Whether the husband's maintenance undertaking affects the transfer
Subjects
- transfer of jurisdiction
- family law
- matrimonial dispute
- maintenance
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2547 of 2023
======================================================
Shivani Wife of Anant Kumar Anand, D/o- Ganesh Mishra Resident of
Mohalla- West Loharipur Upadhayay Laine, Near Gharaunda Apartment,
Gulabi Bhawan, P.O.- Kadamkuan, P.S.- Kadamkuan, District- Patna, Bihar,
Pin Code-
... ... Petitioner/s
Versus
Anant Kumar Anand Son of Manoj Trivedi Resident of Village- Jarua, P.S.-
Nagar Hazipur, District- Vaishali, Bihar, Pin Code-
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Upadhyay, Advocate
For the Opposite Party/s : Mr. Rajeev Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
7 16-01-2026 In pursuant to the order of this Court, the parties have
entered their appearance physically and submitted that both are
willing to continue their life amicably. However, till date they
could not come to a final decision in view of some differences
on account of previous dispute.
2. The opposite party-husband has shown his
bonafide before this Court and fairly submitted that he has no
objection if Matrimonial Case No. 201 of 2023, pending in the
court of learned Principal Judge, Family Court, Vaishali, Hajipur
be transferred to the court of Principal Judge, Family Court,
Patna.
3. It has also been apprised that while extending the
privilege of anticipatory bail, the opposite party has also been
Patna High Court MJC No.2547 of 2023(7) dt.16-01-2026
2/2
directed to ensure payment of Rs.3,000/- per month and he
undertakes before this Court that same shall be paid. The
petitioner, the wife of opposite party informed this Court that
she has to undergo internship nursing programme and for the
said purpose, she will be living with her parents at Patna for the
time being.
4. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the bonafide gesture of the opposite party-husband of the
petitioner, this Court finds no impediment to transfer the
Matrimonial Case No. 201 of 2023 from the court of learned
Principal Judge, Family Court, Vaishali, Hajipur to the court of
Principal Judge, Family Court, Patna.
5. On receipt of the record, the learned Principal
Judge, Family Court, Patna shall issue fresh notice to both the
parties, who shall ensure their appearance, whereupon the
learned court shall proceed in the matter, in accordance with
law.
6. The present application stands disposed of.
(Harish Kumar, J)
Anjani/-
U
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