Priti KumariversusAyush Kumar

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             Miscellaneous Jurisdiction Case No.1224 of 2023
======================================================
Priti Kumari W/o Ayush Kumar, D/o Ajay Kumar Singh, R/o Village-
Haripur, P.S.- Sonbarsha Kutchhary, District- Saharsa (Bihar), A/p C/o Ajay
Kumar Singh, R/o Mohalla- Bibiganj Vijayata Compound, Bhagwanpur P.S.-
Sadar, Post- General Post Office, District- Muzaffarpur.

                                                          ... ... Petitioner/s
                                  Versus
Ayush Kumar S/o Sri Pramod Kumar Singh @ Jitendra Kumar Singh, R/o
Village- Haripur, P.S.- Sonbarsa Kutchhary, District- Saharsa (Bihar), A/p
working at Brio Technologies as Associate could consultant, Gurugram,
Haryana

                                       ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s     :   Mr. Siyaram Pandey, Advocate
For the Opposite Party/s :   Mr. Satish Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
 Date : 16-01-2026

                 Heard Mr. Siyaram Pandey, learned Advocate for

 the petitioner and Mr. Satish Kumar Singh, learned Advocate for

 the opposite party.

                 2. Invoking the jurisdiction of this Court, an

 application under Section 24 of the Code of Civil Procedure has

 been preferred seeking transfer of Divorce Case No. 51 of 2022

 filed by the opposite party from the court of learned Principal

 Judge, Family Court, Saharsa to the court of learned Principal

 Judge, Family Court, Muzaffarpur.

              3. The marriage of the petitioner was solemnised on

 09.12.2020 as per the Hindi rites and rituals, however, soon after

 the marriage, she was subjected to demand of dowry and on
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         account of non fulfillment of the same, she was subjected to

         torture in various ways. The aforesaid incidence led to filing of

         Sadar P.S. Case No. 686 of 2022 for the offences punishable

         under Sections 498A, 323, 504, 506, 307/34 of the Indian Penal

         Code and Sections 3/4 of the Dowry Prohibition Act against the

         opposite party and others. The petitioner also filed Maintenance

         Case No. 125 of 2023 agaisnt the opposite party, which is also

         pending before the learned Principal Judge, Family Court,

         Muzaffarpur. There is a further litigation giving rise to Domestic

         Violence Case No. 1154 of 2023 registered under Section 12 of

         the Protection of Women from Domestic Violence Act, 2005,

         pending      before      the    learned     Chief   Judicial   Magistrate,

         Muzaffarpur.

                      4. Referring to the aforesaid facts, learned Advocate

         for the petitioner submitted that besides the three cases, as noted

         hereinabove, are pending consideration before the learned

         jurisdictional court of Muzaffarpur, the petitioner is unable to

         attend the Divorce Case No. 51 of 2022, pending before the

         court of learned Principal Judge, Family Court, Saharsa at a

         distance of 160 KM, the petitioner is a hapless lady fully

         dependent upon her old aged parents and there is no one to look

         after her; besides there is no any financial assistance.
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                      5. On the other hand, learned Advocate for the

         opposite party filed a counter affidavit and submitted that all

         the three cases, which have been taken note of in the afore

         going paragraphs have been filed back to back one by one

         after filing of Divorce case in order to wreak vengeance and

         put pressure. So far the distance is concerned, it is the

         admitted position that from Saharsa to Muzaffarpur, there is a

         good connectivity of four lane road as well as Railway and

         the opposite party is ready to pay the statutory amount on

         every appearance of the petitioner. It is next contended that

         the entire case of the petitioner is based upon concocted

         allegation and she does not deserve any sympathetic

         consideration to this Court only on account of she being the

         wife of the opposite party. A part from the fact, the petitioner

         had already entered her appearance and filed written

         statement in Divorce case.

                      6. Before proceeding further, it would be worth

         benefiting to take note of the decision rendered in N.C.V.

         Aishwarya Vs. A.S. Saravana Karthik Sha [AIR 2022 SC

         4318] where the Apex Court while hearing in an appeal against

         the order rejecting the prayer for transfer of the maintenance

         case filed on behalf of the wife, has set aside the order of the
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         learned High Court by observing that “the cardinal principle

         for exercise of power under Section 24 of the Code of Civil

         Procedure is that the ends of justice should demand the transfer

         of the suit, appeal or other proceeding. In matrimonial matters,

         wherever Courts are called upon to consider the plea of

         transfer, the Courts have to take into consideration the

         economic soundness of both the parties, the social strata of the

         spouses and their behavioural pattern, their standard of life

         prior to the marriage and subsequent thereto and the

         circumstances of both the parties in eking out their livelihood

         and under whose protective umbrella they are seeking their

         sustenance to life. Given the prevailing socio-economic

         paradigm in the Indian society, generally, it is the wife's

         convenience which must be looked at while considering transfer.

         Further, when two or more proceedings are pending in different

         Courts between the same parties which raise common question

         of fact and law, and when the decisions in the cases are

         interdependent, it is desirable that they should be tried together

         by the same Judge so as to avoid multiplicity in trial of the same

         issues and conflict of decisions.”

                      7. It is also noted that the Apex Court in the case of

         Sumita Singh Vs. Kumar Sanjay, reported in, (2001) 10 SCC
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         41 and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi,

         reported in, (2005) 12 SCC 237, ruled that more weightage and

         consideration should be given to the convenience of the female

         litigants and transfer of legal proceedings from one Court to

         another Court should ordinarily be allowed in order to avoid

         undue hardship to them.

                      8. In the light of the afore noted rulings now coming

         to the case at hand. Admittedly, out of four cases, three of them

         are pending before the jurisdictional court of Muzaffarpur and

         the petitioner is a woman, aged about 30 years, and has to face

         serious difficulties in attending the Court, which is at a distance

         of almost 160 KM; besides there is no one in her family to look

         after, except the aged parents, this Court finds substance in the

         present application.

                      9. Accordingly, the present application stands

         allowed and direct for transfer of Divorce Case No. 51 of 2022

         from the court of learned Principal Judge, Family Court,

         Saharsa to the court of learned Principal Judge, Family Court

         Muzaffarpur.

                      10. On receipt of the record, the learned Principal

         Judge, Family Court, Muzaffapur shall issue fresh notice to both

         the parties and proceed accordingly and dispose of the Divorce
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                      case, in accordance with law expeditiously.

                                      11. The application stands allowed.




                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.01.2026
Transmission Date       NA