Priyanka KumariversusRupesh Kumar @ Akshay Kumar,

     IN THE HIGH COURT OF JUDICATURE AT PATNA
            Miscellaneous Jurisdiction Case No.3241 of 2024
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Priyanka Kumari W/O Rupesh Kumar, Daughter of Triloki Kumar R/O
Mohalla- Behind of the Kowakol Hospital, P.O and P.S- Kawakol, Pin code
805130, District Nawada at present address village- Hisua Dih near Railway
Gumti, P.O and P.S- Hisua, District - Nawada,

                                                         ... ... Petitioner/s
                                   Versus
Rupesh Kumar @ Akshay Kumar, S/O Raj Kumar, R/O Mohalla- Dayanagar
Noorsarai, P.S and P.O- Noorsarai, District- Nalanda.

                                       ... ... Opposite Party/s
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Appearance :
For the Petitioner/s     :   Mr.Arvind Kumar
For the Opposite Party/s :   Mr.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                    ORAL JUDGMENT
Date : 09-01-2026
           Heard learned Advocate for the petitioner. There is

 none to represent the opposite party, despite valid service of

 notice upon him.

              2. Invoking the jurisdiction of this Court, an

 application under Section 24 of the Code of Civil Procedure has

 been preferred seeking transfer of Matrimonial (Divorce) Case

 No. 128 of 2022 registered under Section 13(i)(a)(b) of the

 Hindu Marriage Act, 1955, from the court of learned Principal

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

 Judge, Family Court, Nawada.

              3. Learned Advocate for the petitioner submitted that

 the marriage of the petitioner with the opposite party was

 solemnised on 01.03.2020 as per the Hindi rites and customs.
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         Soon after the marriage, she was subjected to demand of dowry

         and on account of non fulfillment of the same, she was tortured

         in various ways. Despite best efforts to settle the matrimonial

         life, the same could not find favour and finally she was ousted

         from the matrimonial home. In the aforesaid premise, the

         petitioner lodged Kauwakol P.S. Case No. 415 of 2021 for the

         offences punishable under Sections 498A/34 of the Indian Penal

         Code and Sections 3/4 of the Dowry Prohibition Act, wherein

         cognizance has been taken for the afore noted offences by the

         learned Judicial Magistrate 1st Class, Nawada on 14.09.2023 and

         the case is pending before the SDJM, Nawada. It is further

         contended that since the petitioner was not getting any financial

         assistance and help from the opposite party, she was also

         compelled to file maintenance case against the opposite party

         under Section 125 of the Cr.P.C. bearing Maintenance Case No.

         116 of 2021. The aforesaid case is also pending before the

         Principal Judge, Family Court, Nawada.

                      4. Narrating the aforesaid facts, learned Advocate for

         the petitioner thus contended that besides the fact two other

         cases are pending before the learned jurisdictional court of

         Nawada, the petitioner is a hapless woman having no source of

         income and fully dependent upon her old parents are not in a
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         position to look after; she is also facing difficulty in attending

         the court proceeding at Family Court Nalanda. Hence, for the

         ends of justice, if the divorce case is transferred to the court of

         learned Principal Judge Family Court, Nawada, she would be

         able to look after all the matters.

                      5. Before parting with the case, it would be worth

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

         Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318]

         where the Apex Court 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 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
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         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.”

                      6. Besides the afore noted position, the Apex Court in

         the case of Sumita Singh Vs. Kumar Sanjay, reported in,

         (2001) 10 SCC 41 and Rajani Kishor Pardeshi Vs. Kishor

         Babulal Pardeshi, reported in, (2005) 12 SCC 237, mandate

         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.

                      7. This Court has considered              the submissions

         advanced by the learned Advocate for the petitioner and also

         taken note of the mandate of the Apex Court. Admittedly, out of

         three matters, two of them filed by the petitioner are pending

         before the jurisdictional court of Nawada, where the opposite

         party has entered his appearance and the petitioner is a woman
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                      having no source of income and fully dependent upon her

                      parents, this Court finds merit in the present application.

                      Accordingly, the present application stands allowed with a

                      direction to the Principal Judge Family Court, Nalanda to

                      transfer the record of Matrimonial (Divorce) Case No. 128 of

                      2022 to the court of learned Principal Judge, Family Court

                      Nawada. On receipt of the record, the learned Principal Judge,

                      Family      Court, Nawada shall issue fresh notice to both the

                      parties and proceed further in the matter, in accordance with

                      law.

                                        8. The application stands allowed.




                                                  (Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date            12 .01.2026
Transmission Date