Patna High Court
Swity Kumari @ Sweety KumariversusRahul Kumar @ Rahul Singh
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition for transfer is dismissed as no useful purpose would be served by moving the case.
Summary
The petitioner sought transfer of Matrimonial Case No.81 of 2021 from the Family Court in Bhagalpur to the Family Court in Khagaria, alleging that the wife faced difficulty traveling between the two districts. The opposite party contended that three witnesses had already been examined and only one additional witness would be examined via video conferencing, indicating that the case could proceed without transfer. The court examined the pleadings and the record, noting that the remaining witness could be examined through video conferencing. It held that transferring the matter would not serve any useful purpose. Consequently, the petition for transfer was dismissed, and the case will continue in the Bhagalpur Family Court.
Issues considered
- Whether the petition for transfer of the matrimonial case from Bhagalpur Family Court to Khagaria Family Court should be granted on the ground of the wife's difficulty in attending court.
Subjects
- family law
- transfer of suit
- jurisdiction
- video conferencing
- witness examination
- convenience of parties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.503 of 2022
======================================================
Swity Kumari @ Sweety Kumari W/o Rahul Kumar @ Rahul Singh D/o Raj
Kumar Singh resident of Village Karna, Post Parbatta Parbatta, District -
Khagariya.
... ... Petitioner/s
Versus
Rahul Kumar @ Rahul Singh Son of Jagdish Singh Singh Resident of Village
Mill Tola, Naugachiya Police Station Naugachiya District Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha, Advocate
For the Opposite Party/s : Mr. Surya Narayan Sah, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 31-03-2026 Heard the parties.
2. The present matrimonial case has been filed for
transfer of Matrimonial Case No.81 of 2021 from the court of
learned Principal Judge, Family Court, Bhagalpur to the court of
learned Principal Judge, Family Court, Khagaria on the ground
that since the opposite party/wife is a lady and she has difficulty
in attending the day to day court affairs by travelling from
Khagaria to Bhagalpur.
3. The learned counsel appearing on behalf of the
opposite party by referring to his counter affidavit submits that
three witnesses have already been examined and he intends to
examine only one witness. It is further submitted that the
witness, namely, Sushil Kumar Singh was examined and cross-
examined by the learned Family Court through video
Patna High Court MJC No.503 of 2022(4) dt.31-03-2026
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conferencing. The learned counsel for the opposite party further
submits that he will be examining only one witness on the next
date fixed in the matrimonial case through video conferencing
and thereafter he does not intend to examine any other witness.
4. Having taken into consideration the facts, pleadings
advanced by the learned counsel for the parties and after going
through the records, this Court finds that three witnesses have
already been examined and the learned counsel for the opposite
party is ready and willing to examine only one witness through
video conferencing on the next date of hearing.
5. Let the same be done and no useful purpose would
be served in transferring the matter from the court of learned
Principal Judge, Family Court, Bhagalpur to the court of learned
Principal Judge, Family Court, Khagaria.
6. Accordingly, the present petition is dismissed.
(Ritesh Kumar, J.)
Sanjay/-
U
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