IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3730 of 2010 MRS.RAHAT JAHAN @ AFROZA . Versus SOHAIL AHMAD KHAN . ----------- 04. 20.05.2011 Heard learned counsel for the petitioner and the Opposite Party. This application has been filed for transfer of Guardianship Case No. 41 of 2009 (Sohail Ahmad Khan Versus Mrs. Rahat Jahaan @ Afroza ) pending in the court of Principal Judge, Family Court, Motihari, East Champaran to Principal Judge, Family Court, Patna. It is submitted that marriage of the petitioner was solemnized with the Opposite Party in the year 1995 according to the Muslim Customs and out of said wed lock, they have got one daughter namely, Hena Sohail and one son, namely Danish Ahmad Khan. It is further submitted that the above case has been filed by the Opposite Party claiming guardianship of the minor children who are residing with the petitioner and they are studying in School at Patna. It is further submitted that the daughter and son of the petitioner have been studying in class VII and class – V respectively. It is further submitted that Maintenance Case bearing Maintenance Case No. 167/2004 has been filed by the petitioner which is pending in the court of Principal 2 Judge, Family Court, Patna. In the above circumstances, it is submitted that in the interest of justice, the aforesaid Gurdianship Case deserves to be transferred to the Principal Judge, Family Court, Patna. Learned counsel for the Opposite Party who happens to be the husband of the petitioner, appears in person and opposes the prayer of the petitioner and submits that their minor children are not ordinarily residing at Patna. Secondly, the paramount consideration for welfare of the children cannot be done by the petitioner because she has no independent source of income. In reply, learned counsel for the petitioner submits that petitioner is living with the brother and other family members who financially support the petitioner. Considering the submission of the parties, I am of the opinion that since the minor children are studying at Patna who has taken care of, by the petitioner and the petitioner is also residing at Patna and as such, the submission of the petitioner for welfare of the children could not be taken care at Patna, does not appear to be correct. In view of the above discussions made above, it is hereby directed that the Guardianship Case No. 41 of 3 2009, pending before the court of Principal Judge, Family Court, Motihari, East Champaran be transferred to the court of Principal Judge, Family Court, Patna. It is further directed that petitioner and the Opposite Party may appear before the Principal Judge, Family Court at Patna on 10th of August 2011 for taking appropriate steps in the case. Let a copy of this order be communicated to the court of Principal Judge, Family Court, Motihari, East champaran and to the court of Principal Judge, Family Court at Patna in connection with Guardian Ship Case No. 41 of 2009 which is presently pending in the court of Principal Judge, Family Court, Motihari, East Champaran. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)