IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1862 of 2011 In Miscellaneous Jurisdiction Case No. 1061 of 2010 With Interlocutory application No. 8333 of 2011 In Letters Patent Appeal No. 1862 of 2011 ====================================================== Mritunjay Singh @ Sanjay Singh, S/O late Kashinath Singh, R/O Village- Basantpur (Babu Tola), P.O. & P.S.- Basantpur, District- Siwan. .... .... Opposite Party/Appellant Versus Renu Devi, W/O Mritunjay Singh @ Sanjay Singh, R/O Village- Basantpur, P.O. & P.S.- Basantpur, District- Siwan, At present R/O Village & P.O.- Sikati Bhikham, P.S.- Masharakh, District- Saran. .... .... Petitioner/Respondent ====================================================== Appearance : For the Appellant/s : Mr. Niraj Kumar Mr. Dhirendra Kumar Jha, Advocates. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 08-12-2011 Feeling aggrieved by the order dated 21st September 2011 made by the learned single Judge in above M.J.C. No. 1061 of 2010, the appellant has preferred this Appeal under Clause 10 of the Letters Patent. The respondent Renu Kumari, the estranged wife of the appellant, filed MJC No. 1061 of 2010 before this Court for transfer of Matrimonial (Divorce) Case No. 91 of 2008 filed by the appellant in the Family Court at Siwan. The transfer of matrimonial suit was requested on the Patna High Court LPA No.1862 of 2011 (2) dt.08-12-2011 2 / 2 2 premise that the respondent Renu Kumari has no means and that she could not afford to travel to Siwan and that she was apprehensive of danger to her person if she had to go to Siwan. On the basis of the pleadings and averments, the learned single Judge has allowed the application for transfer of suit and has directed that Matrimonial (Divorce) Case No. 91 of 2008 pending in the Family Court, Siwan be transferred to the Family Court, Saran at Chapra. Therefore, this Appeal. Learned Advocate Mr. Niraj Kumar has appeared for the appellant. He has strenuously urged that the matter cannot be transferred to suit the convenience of the party. In support thereof, he has relied upon the judgment of the Hon’ble Supreme Court in the matter of DAV Boys Senior Secondary School & Others V. DAV College Managing Committee [(2010)3 SCC 386 (Civ.)] and in the matter of Shweta Bhardwaj V. Vivek Bhardwaj [2002(1) PLJR 274 Supreme Court]. Neither of the above referred judgments support the appellant. No case for interference is made out. Appeal is dismissed in limine. Interlocutory application stands disposed of. Sujit /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)