IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2286 of 2008 KUMARI RICHA @ RICHA SINHA Versus RAJNIKANT @ DABBU ----------- 4. 14.12.2009 No one appears for the petitioner, although learned counsel for the petitioner has on earlier occasion been heard at length in the matter. Learned counsel for the opposite party is present. The petitioner seeks transfer of Matrimonial Case No. 97 of 2007 from the Court of the Principal Judge, Family Court, Nalanda at Biharsharif in the State of Bihar to the District Court of Godda in the State of Jharkhand. Learned counsel for the opposite party submits that no such transfer application is maintainable nor any such prayer can be granted in view of the decision of the Supreme Court in the case of Durgesh Sharma v. Jayshree: A.I.R.2009 S.C. 285, in paragraph No.80 of which it has been held as follows: “80. For all these reasons, in our opinion, the order passed by the High Court is not sustainable and deserves to be set aside. We hold that a High Court has no power, authority or jurisdiction to transfer a case, appeal or other proceeding pending in a Court subordinate to it to any Court subordinate to another High Court in purported exercise of power under sub-section (3) of Section 23 of the Code and it is only this - 2 - Court which can exercise the said authority under Section 25 of the Code. The order passed by the High Court, therefore, deserves to be set aside and is accordingly set aside.” In view of the clear decision of the Supreme Court settling the said principle, there can be no occasion for this Court to transfer a case from a Court subordinate to it to any Court subordinate to another High Court. The transfer application is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )