Rajni Kumari vs Saurabh Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3462 of 2023
CNR No. BRHC011163932023
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Rajni Kumari W/o Saurabh Kumar, D/o Ramesh Poddar, Resident of Village-
Ashok Nagar, Pokhaia, P.s. Nagar, District-Begusarai.
... ... Petitioner/s
Versus
Saurabh Kumar S/o Kumar Bibhanand, Resident of HOuse No. 03, RC-8,
Bahadurpur Housing Colony, Bhutnath Road, P.S. Agamkuan, District-Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Braj Bhushan Poddar, Advocate
For the Opposite Party/s : Mr. Sadanand Prasad Deo, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-10-2026
1. The petitioner has filed the instant
petition for the following reliefs:
“For transfer of the case
bearing matrimonial (divorce) case no.
346/2020 filed under section 13(i)(i-a) of
the Hindu Marriage Act, 1955, pending in
the court of learned Principal Judge Family
Court, Patna to learned Principal Judge,
Family Court, Begusarai.”
2. The brief facts culled out of the petition
are that the petitioner is the legally wedded wife of
the opposite party, and their marriage was
solemnized on 22.06.2018. The petitioner states

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that after a brief period of cohabitation,
matrimonial discord arose between the parties,
followed by demands for dowry and her return to
her parental home.
3. The Learned counsel for the petitioner
submits that the opposite party instituted
Matrimonial Case No. 346 of 2020, before the
Principal Judge, Family Court, Patna, seeking
divorce. The petitioner seeks transfer of the said
case to the Court of the Principal Judge, Family
Court, Begusarai, contending that it is difficult for
her to attend the proceedings at Patna, which is
about 110–120 kilometres from her parental home,
and that she apprehends a threat to her safety.
4. A counter affidavit has been filed on
behalf of the opposite party. The Learned counsel
for the opposite party submits that the petitioner
has failed to establish any sufficient ground for
transfer of the matrimonial case from Patna to
Begusarai. It is contended that the petitioner has
herself instituted several cases at Patna and has
also resided there. It is further submitted that the

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matrimonial case is at an advanced stage of trial,
with issues already framed and evidence
underway, and its transfer would cause
inconvenience and prejudice to the opposite party,
who is employed outside the State. The allegations
of threat levelled by the petitioner are also denied
as baseless. Accordingly, the Learned counsel for
the opposite party opposes the prayer for transfer
of the case.
5. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
opposite party and perused the materials available
on record.
6. Having considered the submissions
advanced on behalf of the parties and perused the
materials available on record, this Court finds that
the petitioner seeks transfer of Matrimonial Case
No. 346 of 2020 from the Court of the Principal
Judge, Family Court, Patna, to the Court of the
Principal Judge, Family Court, Begusarai, primarily
on the grounds of distance and alleged threat to
her safety.

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7. It is evident from the statements made
in the counter affidavit, that the petitioner has
herself instituted several cases at Patna and has
also resided there. These material facts have not
been disclosed in the transfer petition. The non-
disclosure of such relevant facts assumes
significance while considering the petitioner's plea
of inconvenience in attending the matrimonial
proceedings at Patna.
8. It further appears from the counter
affidavit that the matrimonial case has reached an
advanced stage of trial, with issues already framed
and evidence underway. The opposite party has
also expressed the difficulties he would face in
attending the proceedings if the case is transferred
to Begusarai, particularly in view of his
employment outside the State. The petitioner has
not placed sufficient material on record to
substantiate her apprehension of threat or to
establish that continuation of the proceedings at
Patna would cause such hardship as to warrant
transfer of the case.

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9. In view of the aforesaid facts and
circumstances, and considering the non-disclosure
of relevant facts, the stage of the matrimonial
proceedings and the inconvenience likely to be
caused to the opposite party, this Court is not
satisfied that any sufficient ground has been made
out for transfer of the case.
10. Accordingly, the present petition is
dismissed.
11. Pending application(s), if any, shall
stand disposed of.

(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date