Patna High Court
Nitu Kumari @ Sulekha KumariversusKundan Kumar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court declined to transfer the divorce case and ordered the husband to pay Rs.5,000 per month as maintenance to the petitioner.
Summary
The petitioner, Nitu Kumari, sought transfer of her divorce proceedings (Case No. 60 of 2024) from the Family Court in Jehanabad to the Family Court in Patna, alleging dowry harassment, eviction, and difficulty attending hearings due to distance and dependence on elderly parents. The husband offered to pay Rs.4,000 for litigation and travel costs, contending that the 50‑60 km distance is not substantial. The court examined the petitioner's vulnerability, the adequacy of the offered amount, and the convenience factor. It held that the distance does not warrant transfer and that the offered sum is insufficient, directing the husband to pay Rs.5,000 per month as maintenance into the petitioner's bank account. Consequently, the transfer petition was disposed with the maintenance direction, and any future interim relief applications will consider this order.
Issues considered
- Whether the matrimonial divorce case pending in Jehanabad should be transferred to Patna for the petitioner's convenience.
- Whether the amount offered by the husband for litigation and travel costs is adequate.
- Whether interim maintenance should be ordered pending final decree.
Subjects
- divorce
- transfer of suit
- family court jurisdiction
- maintenance
- dowry harassment
- interim relief
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1992 of 2024
======================================================
Nitu Kumari @ Sulekha Kumari Wife of Kundan Kumar Daughter of
Bhushan Prasad Resident of Badki Khadwa, Ward no.3, P.O.-Lal Bigha, P.S.-
Dulhin Bazar, District-Patna.
... ... Petitioner/s
Versus
Kundan Kumar Son of Shailendra Singh Resident of Village-Barhiya Bag,
P.O.-Karpi, P.S.-Karpi, District-Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Adv.
For the Opposite Party/s : Mr Anunay Shahi, Adv.
Mr. Shivendra Prasad, Adv.
Mr. Nitish Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-01-2026
Heard learned Advocate for the petitioner and the
learned Advocate for the opposite party.
2. The application has been filed for transfer of
Matrimonial (Divorce) Case No. 60 of 2024 from the court of
learned Principal Judge, Family Court, Jehanabad to the court of
learned Principal Judge, Family Court, Patna
3. Learned Advocate for the petitioner submitted that
the marriage of the parties was solemnized on 19 th May, 2021.
However, soon after the marriage, she was subjected to demand
of dowry and torture in various ways including ousted from the
matrimonial home. Besides, the aforesaid facts, Matrimonial
(Divorce) Case No. 60 of 2024 was also filed in the court of
learned Principal Judge, Family Court, Jehanabad. Since the
Patna High Court MJC No.1992 of 2024 dt.09-01-2026
2/3
petitioner is a woman and residing along with her aging parents
and there is no one to look after her, besides she is also facing
difficulty in attending the proceeding of the cases due to long
distance, as such, the present application for transfer of divorce
case.
4. On the last occasion, when the matter was taken up,
this Court had directed the learned Advocate for the opposite
party to get instruction from his client regarding payment of
monthly maintenance/litigation cost/traveling cost. Today when
the matter is taken up, Mr. Anunay Shahi, learned Advocate for
the opposite party apprised this Court that the husband-opposite
party is ready to pay Rs.4,000/- for litigation cost/travelling
cost. Moreover, the distance of Jehanabad is not so much which
will cause any inconvenience to the petitioner, is the contention
of the learned Advocate for the opposite party.
5. Learned Advocate for the petitioner submits that the
petitioner is a woman, dependent upon her parents, who are
elderly ailing parents and there is no other source of livelihood
and, as such, the amount of Rs.4,000/- is so meager and, thus, in
such circumstances, she presses the application for transfer of
divorce case to meet the ends of justice.
6. Having considered the submissions advanced by
Patna High Court MJC No.1992 of 2024 dt.09-01-2026
3/3
the learned Advocate for the respective parties and taking note
of the fact that the Matrimonial (Divorce) Case No. 60 of 2024
is pending in the court of learned Principal Judge, Family Court,
Jehanabad, which is at the distance of around 50-60 kilometres
from Patna and the opposite party is also willing to pay a sum of
substantive amount for travelling and litigation cost, this Court
is not persuaded for transfer of the Matrimonial (Divorce) Case
No. 60 of 2024. However accepting the submission on behalf of
the opposite party, this Court directs the opposite party to
ensure payment of Rs.5000/- per month to the petitioner which
shall be credited in her Bank account duly furnished by the
petitioner, in the last week of every month, till any further order
is passed by the competent court.
7. Suffice it to observe that in case the petitioner files
any maintenance case or prays for any interim financial benefits,
the order passed by this Court shall also be taken note of.
8. The transfer petition stands disposed of with the
aforesaid direction.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 12 .01.2026
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