Patna High Court
Swarnima Gupta @ Anita Gupta vs Barun Kumar Choudhary on 31 October, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2125 of 2023
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Swarnima Gupta @ Anita Gupta, W/o Barun Kumar Choudhary Late and D/o
Late Gopal Jee Prasad Gupta, Resident of Brindawan Colony near Parvati
Nagar, Kashi Bazar, Chapra, P.S.- Chapra, District- Saran, Bihar, Pin Code-
841301
... ... Petitioner/s
Versus
Barun Kumar Choudhary, S/o Birendra Prasad Choudhary, Resident of
Anathalay Road, Post- Katihar, P.S.- Katihar, District- Katihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Adv.
Mr. Alok Anand, Adv.
For the Opposite Party/s : Mr. Ajeet Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 31-10-2025
Heard Mr. Rakesh Kumar Sharma, learned Advocate
for the petitioner and Mr. Ajeet Kumar Singh, learned Advocate
for the opposite party.
2. The application is filed for transfer of Matrimonial
(Divorce) Case No. 175 of 2019 from the Court of learned
Principal Judge, Family Court, Katihar to the Court of learned
Principal Judge, Family Court, Chapra at Saran.
3. The marriage of the petitioner was solemnized with
the opposite party on 25.06.2018. Soon after the marriage, the
petitioner was subjected to demand of dowry and on account of
non-fulfillment of the same she was tortured in various ways,
leading to institution of a Complaint Case on 23.09.2019 which
later on send to the concerned police station and accordingly
Patna High Court MJC No.2125 of 2023 dt.31-10-2025
registered as Saran P.S. Case No. 3402 of 2019. It is further
submitted that the petitioner has also been ousted from her
matrimonial home and thus, she has been compelled to live with
her old parents. As the petitioner was not getting any financial
assistance, she also filed a Maintenance Case on 14.10.2019
before the Family Court, Chapra at Saran.
4. In the meanwhile, the opposite parties had filed a
Matrimonial (Divorce) Case No. 175 of 2019 on 05.04.2019.
Apart from the inconvenience of the petitioner to travel for a
distance of approximately 375 kilometers from her place of
residence, the petitioner is also facing apprehension of untoward
incidence at the hands of the opposite party and thus, in the
aforesaid premise, the present application has been filed for
transfer of the divorce case from the Court of learned Principal
Judge, Katihar to the Court of learned Principal Judge, Chapra
at Saran.
5. On notice, the opposite party entered his
appearance through the learned Advocate, however, despite the
opportunity accorded by this Court to ensure filing of the
counter affidavit, no counter affidavit has been filed. It is
submitted that admittedly the divorce case was filed long back
in the year 2019 and the proceeding is at the fag end; though
Patna High Court MJC No.2125 of 2023 dt.31-10-2025
this fact has been refuted by learned Advocate for the petitioner.
Beside the aforesaid submission it is also urged that because of
the action of the petitioner in not pursuing the litigation
bonafidely in the divorce case, the same is being delayed.
Moreover, the petitioner is also facing danger at the hands of the
family members of the opposite party. A prayer has also been
made that if the divorce case is transferred to any third place,
the opposite party has no problem to attend the same.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the materials available on record, this Court prima facie finds
that there is no dispute to the extent that the petitioner being a
lady residing with her old parents, has to travel a distance of
approximately 375 kilometers to attend the divorce case. Till
date, there is neither any order passed in maintenance case nor
she is getting any financial assistance. All the more, two of the
cases, one criminal case as noted hereinabove beside the
maintenance case are pending before the Court of Chapra
jurisdiction.
7. This Court also noticed that the Apex Court in the
case of Sumita Singh vs. Kumar Sanjay & Anr., (2001) 10
SCC 41 and Rajani Kishor Pardeshi vs. Kishor Babulal
Patna High Court MJC No.2125 of 2023 dt.31-10-2025
Pardeshi, (2005) 12 SCC 237 underscored that more weightage
and consideration should be given to the convenience of
wife/female litigants in case of the prayer being made for
transfer of the Matrimonial proceedings/cases. Furthermore, no
materials have been brought on record that the opposite party
has any genuine apprehension in not attending the Court at
Chapra or disputed the facts narrated in the transfer petition.
8. On all these reasons this Court finds substance and
accordingly the present application stands allowed.
9. Let the Matrimonial (Divorce) Case No. 175 of
2019 be transferred to the Court of learned Principal Judge,
Family Court, Chapra at Saran from the Court of learned
Principal Judge, Family Court, Katihar.
10. On receipt of the record, the learned Principal
Judge shall issue fresh notice to both the parties for their
appearance and will proceed further in the matter.
11. The application stands allowed.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.11.2025
Transmission Date NA
