IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1443 of 2007 1. SMT.KANCHAN OJHA, daughter of Dinesh Chandra Ojha 2. Dinesh Chandra Ojha Resident of village- Dudhara, P.O. and Anchal Gouria Kothi, Distt. Siwan (Bihar) Present address- Mohalla Umanagar, P.O. Chapra, P.S.- Chapra Mufassil, Distt. Saran Versus SUNIT CHOUBEY, son of Surendra Nath Choubey, C/o Surendra Nath Choubey, Mohalla Bangala Ghat, Piparpati Road, Town Buxar P.O. Buxar, District Buxar (Bihar) Present address- Area Sales Manager (Promoted), Bharat Explosive Limited, Town, P.O.,P.S. and Distt. Bilaspur( Chhatisgarh) ----------- 03/ 24.04.2009 Having heard counsel for the parties, this Court is of the opinion that filing of the Guardianship Case No. 1 of 2007 for custody of the child in the court of Principal Judge, Family Court, Buxar appears to be misconceived in view of the appeal against the decree of divorce being pending before this Court. In the circumstances, the prayer to transfer the aforesaid Guardianship case is disposed of. Arjun/ ( V.N. Sinha, J.)