Patna High Court
Pooja DeviversusRaju Kumar Singh
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the divorce case should be transferred to the Family Court at East Champaran, with parties allowed to appear physically or via video conferencing.
Summary
Petitioner Pooja Devi filed a petition seeking transfer of a divorce suit (M.M. Case No. 45 of 2015) from the Family Court in Gopalganj to the Family Court in East Champaran, citing lack of economic support from her husband and the burden of travel expenses. The husband appeared and expressed fear of going to his in‑laws' place, requesting permission to appear via video conferencing. The court, after hearing both parties, agreed to transfer the case to the East Champaran court and allowed the parties to appear either physically or through video conferencing. The order was made on 30‑04‑2026, and the petition was disposed of.
Issues considered
- Whether the matrimonial case pending in the Gopalganj Family Court can be transferred to the East Champaran Family Court.
- Whether the parties may be permitted to appear through video conferencing in the transferred case.
Subjects
- divorce
- transfer of suit
- family court
- jurisdiction
- video conferencing
- maternity case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.351 of 2018
In
CRIMINAL MISCELLANEOUS No.35614 of 2017
======================================================
Pooja Devi W/o Raju Kumar Singh, D/o Late Muni Singh, Residing at
Parsauni Kishun, P.S.- Pipra, District- East Champaran.
... ... Petitioner/s
Versus
Raju Kumar Singh S/o Shambhunath Singh, Resident of Vill- Sabli, P.S.-
Vaikunthpur, Dist- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Adv.
Mr. Barun Kr. Singh, Adv.
For the Opposite Party/s : Mr. Rakesh Kumar No.1, Adv.
Mr. Sunny Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard the parties.
2. The present petition has been preferred:
seeking transfer of Divorce Case bearing
No. M.M. Case No. 45 of 2015 instituted by O.P.
No. 2 for dissolution of the marriage, pending in
the Court of Learned Principal Judge, Family
Court, Gopalganj, to a Court of competent
jurisdiction at East Champaran, Motihari for its
trial and disposal.
3. Pursuant to the order dated 07.09.2018, the
Patna High Court MJC No.351 of 2018(2) dt.30-04-2026
2/3
opposite party husband has appeared. The petitioner, wife of
opposite party no. 2 on transfer of Divorce Case bearing No.
M.M. Case No. 45 of 2015 from the court of learned Principal
Judge, Family Court, Gopalganj to the court of learned Principal
Judge, Family Court, East Champaran, Motihari.
4. The ground is that there is no economic support of
the husband and she has to depend on the old aged parents and
in that background, it is not possible for her to bear the
conveyance/legal expenses.
5. As stated, the opposite party no. 2 has appeared and
he fears going to the in laws place due to unforeseen
circumstance and in that background, he is ready if he is
allowed to appear through the video conferencing. In that
background, with the agreement of the parties this Court is of
the opinion that the Matrimonial Case No. 45 of 2015 has to be
transferred from the court of learned Principal Judge, Family
Court, Gopalganj to the court of learned Principal Judge, Family
Court, East Champaran, Motihari.
6. The parties will have the option either to appear
physically or through video conferencing in the court of learned
Principal Judge, Family Court, East Champaran, Motihari in the
Matrimonial Case No. 45 of 2015.
Patna High Court MJC No.351 of 2018(2) dt.30-04-2026
3/3
7. With the aforesaid observation, the M.J.C. No. 351
of 2018 is disposed of.
(Rajiv Roy, J)
Abhishek/-
U
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