Puja Gupta vs Sumit Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1182 of 2023
CNR No. BRHC010386872023
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Puja Gupta Wife of Sumit Kumar and Daughter of Surendra Prasad, Resident
of Raju Kirana, Jama Bazar, Post Office-Goria Kothi, Police Station-Jama
Bazar, District-Siwan.
... ... Petitioner/s
Versus
Sumit Kumar son of Bipin Kumar Gupta, Resident of Flat No. D-5,
Tribhuwan Shanti Enclave, Road No. 1B, Post Office-Rajendra Nagar, Police
Station-Kadamkuan, District-Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Ranjan, Adv.
For the Opposite Party/s : Mr.Puneet Siddhartha, Adv.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-10-2026
1 . This Court passed an oral order on
09.10.2026 which reads as follows:-
1. Heard the Learned
counsel for the petitioner. However,
no representation for the opposite
party.
2. As a last indulgence for
appearance of the opposite party,
list on 29.10.2026.
2 . The matter was taken up on today i.e.
29.10.2026 and today also there is no
representation on behalf of the opposite party.

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3 . The transfer petition has been filed by
the petitioner seeking transfer of Matrimonial Case
No. 61 of 2023 from the Court of the Learned
Principal Judge, Family Court, Patna, to the Court of
the Learned Principal Judge, Family Court, Siwan,
on the grounds of inconvenience, lack of income
and financial resources to meet the expenses of
travel and accommodation, and the need to be
accompanied by her minor child.
4 . Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
opposite party.
5 . The brief facts, as culled out from the
petition, disclose that the petitioner is the wife of
the opposite party, Sumit Kumar, and they got
married on 24.05.2014 according to Hindu rites
and customs at Siwan, Bihar. Soon after the
marriage, the petitioner was subjected to cruelty
and torture, for non-fulfillment of dowry demands.
Out of the wedlock, a son, namely, Adikshit, was
born, who is aged about six years.
6 . It is the specific contention of the

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Learned counsel for the petitioner that the
opposite party has filed a divorce petition under
Section 13(1)(a), registered as Matrimonial Case
No. 61 of 2023, which is pending before the
Principal Judge, Family Court, Patna, in which the
petitioner received a summons to appear on
08.04.2023. The ground for divorce, as alleged, is
that the petitioner had furnished an incorrect date
of birth and concealed the fact that she had been
suffering from Rheumatoid Arthritis, thereby
causing mental cruelty to the opposite party.
7. In spite of listing the matter for
arguments of the opposite party, none appeared.
8 . It is an admitted fact that the distance
from Siwan to Patna is approximately 150 km, and
it takes about five hours to reach Patna by public
transport. Therefore, it would be very difficult for
the petitioner to undertake the journey.
9 . Taking into consideration the distance,
financial condition and other circumstances, this
Court is of the considered view that Matrimonial
Case No. 61 of 2023 deserves to be transferred

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from the Court of the Principal Judge, Family Court,
Patna, to the Court of the Principal Judge, Family
Court, Siwan.
10. Accordingly, the M.J.C. is allowed.

(G. Anupama Chakravarthy, J)
manishkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 03.11.2026
Transmission Date