Smt. Prerna Jha vs Sri Alok Kumar Jha
2023 Latest Caselaw 5049 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
               Miscellaneous Jurisdiction Case No.4497 of 2018
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Smt. Prerna Jha Wife of Sri Alok Kumar Jha and Daughter of Sri Ram Pravesh Jha Resident of Saharsha Mission Compound, Behind Railway Quarter, P.S. Sadar Thana, District- Saharsa.

... ... Petitioner/s Versus

Sri Alok Kumar Jha Son of late Yogendra Jha Resident of S.B.I. Campus, Mithila Colony, Bataganj, P.S. Danapur, District- Patna.

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

For the Petitioner/s : Mr.Prabhat Kumar Singh, Adv. For the Opposite Party/s : Mr. Sumit Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 04-10-2023

Heard Mr. Prabhat Kumar Singh, learned counsel

appearing on behalf of the petitioner and Mr. Sumit Kumar,

learned counsel for the opposite party.

2. The petitioner by filing the present application

under Section 24 of the Code of Civil Procedure, 1908 seeking

transfer of Matrimonial Case No. 479 of 2013 from the court of

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

Judge, Family Court, Saharsa or any other equivalent court. Patna High Court MJC No.4497 of 2018 dt.04-10-2023

3. It is submitted on behalf of the petitioner that the

petitioner is a hapless legally wedded wife of the opposite party

whose marriage was solemnized with the opposite party on

03.06.2009 as per Hindi rites and rituals at her parental house

situated at village Gobindpur Singhara, P.S. Mahua, District-

Vaishali. However, soon after the marriage, she was subjected to

cruelty on account of alleged mental disorder and finally she

was ousted from her matrimonial home. He next submitted that

being ousted, she has been residing at Saharsa along with her

parents. It has also been informed to this Court that the

petitioner has also filed maintenance case bearing Maintenance

Case No. 27 of 2021, wherein pursuant to the interim order

granted by the Family Court, some amount is being paid to the

petitioner.

4. Further submission has been made that the

petitioner is a poor lady and has been living with her old parents

at Saharsa and thus pursuing the case at Patna would certainly

cause immense inconvenience, apart from lots of mental trauma

and financial problems.

5. On the other hand, learned counsel for the

opposite party submits that though no ground for transfer of

Matrimonial Case No. 479 of 2013 is made out but still he is Patna High Court MJC No.4497 of 2018 dt.04-10-2023

ready to join the proceeding, if Matrimonial Case No. 479 of

2013 is transferred to the court of Principal Judge, Family Court

Saharsa.

6. Before parting with the final outcome, it would be

worth noting that in the matter of transfer of divorce case from

one place to another place, the point is well settled that the

paramount consideration is the convenience of the wife. The

Hon'ble Apex Court in the case of Sumita Singh vs. Kumar

Sanjay since reported in (2001) 10 SCC 41 has highlighted the

aforesaid issue. There are decisions of this Court on similar

issue in the case of Kumari Archana @ Rina v. Ajit Ranjan

reported as 2010(4) PLJR 848 and in the case of Smt. Prabha

Gupta @ Munni vs. Santosh Kumar reported as 1996(2)

PLJR 425 where this Court having considered the possible

hardship and inconvenience of the lady, who is sought to be

divorced in having to travel frequently to a distant place in order

to defend the case filed against her, passed the order for transfer

of pending suit from the court of the District Judge of one

district to that of another district.

7. It would be also worth noted that the present

matter is pending since 2018 but till date no counter affidavit

has been filed on behalf of the opposite party. Patna High Court MJC No.4497 of 2018 dt.04-10-2023

8. From the materials available on record, it appears

that the opposite party has already entered his appearance in the

matrimonial case, that apart the petitioner has been living alone

along with her old parents and in course of hearing of

Matrimonial Case No. 479 of 2013, she has to travel more than

200 kilometres only from one side, which would certainly cause

inconvenience to the petitioner.

9. Considering the averments made in the present

petition, submissions advanced on behalf of the parties and the

legal position as discussed hereinabove, this Court finds merit in

the submissions of the petitioner and also appreciates the

fairness of the opposite party, thus in the interest of justice, the

divorce case vide Matrimonial Case No. 479 of 2013 stands

transferred from the court of Principal Judge, Family Court,

Patna to the court of Principal Judge, Family Court, Saharsa. It

is made clear that on receipt/production of a copy of this order,

the record of the case shall be sent to the Principal Judge,

Family Court, Saharsa forthwith. Upon receipt of the records,

the learned Principal Judge, Family Court, Saharsa shall issue

notice to the parties fixing a date in the case and shall take all

endeavours to conclude the matrimonial case as expeditiously as

possible, preferably within a period of nine months, as t he

matter is pending since 2013. It is also expected Patna High Court MJC No.4497 of 2018 dt.04-10-2023

that both the parties will co-operate in disposal of the

matrimonial case.

10. In view thereof, the application stands allowed.

(Harish Kumar, J)

Anjani/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date           05.10.2023
Transmission Date       N.A.