IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.323 of 2009 MADHU KUMARI, daughter of Sri Surendra Kumar Sinha, wife of Sri Birendra Prasad Singh, resident of Gaighat (North Lane), P.S. Alamganj, P.O. Gulzarbagh, Patna-800007. ---Opposite Party --- Petitioner Versus BIRENDRA PRASAD SINGH, son of Sri Kusheshwar Singh, Village and P.O. Malikpura, P.S. Goroul, District-Vaishali (Bihar) ---Applicant ---Opp. Party ----------- 6. 17.5.2011 Heard learned counsel for the petitioner. This application is for transfer of Guardianship Case No.4 of 2007 pending before the Principal Judge, Family Court, Vaishali at Hajipur filed by the opposite party-the husband of the petitioner for deciding the guardianship of the three minor children of the petitioner. By order dated 8th of May, 2009 notices were issued to opposite party. However, the notices on being refused to receive, the same was declared to be validly served vide order dated 25th of March, 2010. A supplementary affidavit has been filed on behalf of the petitioner stating categorically in paragraphs 3 and 4 to the effect that the petitioner has two daughters, namely, Surbhi aged about 16 years and Swati aged about 12 years and one son Subham aged about 10 years and all the three children are studying in Class XII, VIII and VI respectively at Patna in different schools. It is submitted that the petitioner is living with her three children at her Gaighat residence, Patna, besides the fact that in - 2 - terms of the provisions contained in sub-section (1) of section 9 of the Guardians and Wards Act, 1890, the Court will have jurisdiction at the place where the minor ordinarily resides. It is also submitted that the petitioner had filed a case against opposite party for the alleged offence under section 498A of the Indian Penal Code vide Compaint Case No.C.A.1300(C) of 2003, which is pending in the court of the Sub-divisional Judicial Magistrate, Patna. In this case, the petitioner and her three minor children are residing at Patna and, as such, the above case for the guardianship of minor could not have been filed before the Principal Judge, Family Court, Vaishali at Hajipur. This apart, since the petitioner and her minor children are residing at Patna, it would not be convenient for the petitioner to contest the aforesaid case at Hajipur. Since the opposite party has not appeared to contest the claim of the petitioner, the averments made in this transfer case as also the supplementary affidavit are taken into consideration. Considering the submissions of the petitioner and on perusal of the averments made in the transfer case as also the statements made in the supplementary affidavit, it appears that since the petitioner is residing at Patna and her three minor children are studying in different schools at Patna, it would be in the interest of justice that the aforesaid guardianship case at Hajipur may not be continued. Accordingly, it is directed that the aforesaid Guardianship Case No.4 of 2007 pending before the Principal Judge, Family Court, Vaishali at Hajipur be transferred to the court of Principal - 3 - Judge, Family Court, at Patna forthwith. The petitioner shall appear before the Principal Judge, Family Court at Patna on 26th of July, 2011, when a further date shall be fixed in the case. The M.J.C. application stands disposed of. Let this order be communicated to the Principal Judge, Family Court, Vaishali at Hajipur as also the Principal Judge, Family Court, Patna in connection with Guardianship Case No.4 of 2007, presently pending Vaishali at Hajipur, through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)