Puja Sinha v. Abhishek Kumar Srivastava

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3549 of 2023 ====================================================== Puja Sinha Wife of Abhisekh Srivastava, resident of village- Raghunathpur (Ledar Godown Motihari) P.S.-Turkauliya (Raghunathpur), District-East Champaran at present resident of D/o Bajrangi Lal Sinha, resident of Machharhatta Gali, P.S.- Khajekala, Patna City, District- Patna. ... ... Petitioner/s

Versus

Abhishek Kumar Srivastava Son of Alok Prasad Srivastava, resident of village- Lala Tola Saraiya Barwat, P.S.- Bettiah, Muffasil, District- West Champaran at present of Mohalla- Bhagwati Nagar, Hari Vatika, P.S. -Bettiah Town, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Subhash Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2024 Heard the parties.

2. This is an application for transfer of Matrimonial Suit bearing Divorce Case No. 25 of 2023 from the court of learned Principal Judge, Family Court, Bettiah, West Champaran to the court of learned Principal Judge, Family Court, Patna.

3. The Opposite Party has appeared suo motu and reply has also been filed.

4. Mr. Sanjiv Kumar, learned counsel for the Opposite Party submits that since he also has certain apprehension if the case is transferred, in that background, he may allowed to appear through virtual mode.

Patna High Court MJC No.3549 of 2023(3) dt.19-09-2024 2/3

5. The lady has assigned the reasons in paragraphs 12 and 13 of the petition which read as follows:- "12 That it is pertinent to mention herein that now the father of the petitioner is too old and present dispute arose between the petitioner and Opposite Party thereafter petitioner started to live with her brother at her parental house at Patna, when her step mother denied to keep her and her father is unable to do anything for her.

13. That the petitioner is a woman and she having a small child therefore she is unable to appear each and every dated at jurisdiction of learned Principal Judge, Family Court, Bettiah, West Champaran which is about 200 KM far from her present residence place at Patna moreover she is also unable to pay expenditure of journey as she is unemployed woman and she have also to nurture to her child."

6. Learned counsel for the Opposite Party submits that he has no objection to this transfer but he may be allowed to appear through video conferencing.

7. Considering the submissions of both the parties, M.J.C. No. 3549 of 2023 is allowed.

8. Accordingly, let the files of Divorce Case No. 25 of 2023 be transferred from the court of learned Principal Judge,

Patna High Court MJC No.3549 of 2023(3) dt.19-09-2024 3/3 Family Court, Bettiah, West Champaran to the court of learned Principal Judge, Family Court, Patna, with permission to both the parties either to appear physically or through the video conferencing.

(Rajiv Roy, J) perwez U