Wife’s 150-Km Journey to Attend Husband’s Divorce Case Too Difficult; Patna HC Transfers Case to Siwan

The petitioner-wife sought transfer of Matrimonial Case No. 61 of 2023, a divorce proceeding instituted by her husband under Section 13(1)(a), from the Family Court at Patna to the Family Court at Siwan.

She cited her lack of income and resources to meet travel and accommodation expenses, the need to travel with the parties’ six-year-old son, and the difficulty of travelling approximately 150 km—about five hours by public transport—from Siwan to Patna.

The matter had been adjourned to allow the opposite party to appear, but no one appeared for him on 29 October 2026.

The judgment cites no specific statutory provision or precedent governing transfer.

It applies a case-specific assessment of the distance and difficulty of travel, the petitioner’s financial circumstances, and the other circumstances presented in support of transfer.

The Court accepted that travelling from Siwan to Patna would require a journey of approximately 150 km and about five hours by public transport, making attendance difficult for the petitioner.

Considering that difficulty alongside her financial condition and other circumstances, the Court found transfer to Siwan justified.

The opposite party’s non-appearance did not prevent the Court from deciding the petition.

The Court ordered Matrimonial Case No. 61 of 2023 transferred from the Principal Judge, Family Court, Patna, to the Principal Judge, Family Court, Siwan.