Wife’s Bid To Shift Patna Divorce Case To Begusarai Rejected Over Undisclosed Patna Cases And Advanced Trial

The petitioner sought transfer of Matrimonial Case No. 346 of 2020, instituted by the opposite party under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from the Principal Judge, Family Court, Patna, to the Principal Judge, Family Court, Begusarai.

She relied on the distance from her parental home and an apprehension of threat to her safety

The opposite party opposed transfer, submitting that she had herself instituted cases at Patna and resided there, that the matrimonial case was at an advanced stage with evidence underway, and that transfer would cause him inconvenience given his employment outside the State.

The High Court dismissed the transfer petition.

The Court identified no specific statutory provision or precedent as the basis for its decision.

It applied the general transfer principle that transfer of matrimonial proceedings requires sufficient grounds, assessed in light of the parties’ respective hardship and inconvenience, the stage of the proceedings, and relevant facts bearing on the transfer request.

The Court found that the petitioner’s stated grounds—distance and alleged threat—were insufficiently supported.

The counter affidavit indicated that she had instituted several cases at Patna and had resided there, facts not disclosed in her transfer petition; that omission was relevant to her claim of difficulty attending proceedings in Patna.

The matrimonial case had also reached an advanced stage, with issues framed and evidence underway, while transfer would cause inconvenience to the opposite party, who was employed outside the State.

Balancing these circumstances, the Court was not satisfied that transfer was warranted.

Any pending applications were also disposed of.