Patna High Court
Alka KumariversusAmit Kumar Nirala
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The matrimonial case No. 236 of 2024 is to be transferred to the Family Court, Patna.
Summary
Alka Kumari filed a petition under Section 24 of the CPC seeking transfer of her matrimonial suit (Case No. 236 of 2024) from the Family Court, Bihar Sharif to the Family Court, Patna, alleging dowry harassment, torture, and ouster from her matrimonial home, as well as an assault on her father. The petition highlighted her employment as a junior engineer in Samastipur and the respondent’s position as a government teacher in Patna, arguing that the transfer would alleviate hardship. No counsel appeared for the opposite party. The court examined precedents emphasizing the convenience of female litigants and the cardinal principle that justice may demand transfer. Considering the petitioner’s circumstances, the respondent’s location, and the cited jurisprudence, the court ordered the transfer of the matrimonial case to Patna.
Issues considered
- Whether the matrimonial proceeding should be transferred under Section 24 of the CPC on the ground of the petitioner's convenience and alleged harassment.
- Whether the absence of representation for the opposite party affects the decision to transfer.
- Whether the economic and social factors of the parties justify relocation of the case.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 9
Subjects
- transfer of suit
- family court jurisdiction
- Section 24 CPC
- dowry harassment
- convenience of female litigant
- Hindu Marriage Act
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.668 of 2025
======================================================
Alka Kumari wife of- Amit Kumar Nirala, Daughter of Shri Ashok Prasad,
Resident of Village-Uttari Sanghat, P.S.- Phulwarisarif, District- Patna, Bihar.
... ... Petitioner/s
Versus
Amit Kumar Nirala Son of- Shrikant Kumar, Resident of Village- Sherpur,
P.S.- Asthawan, District-Nalanda, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Advocate
Ms. Diksha Kumari, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 06-02-2026
Heard learned Advocate for the petitioner.
2. There is no representation on behalf of the opposite
party. Earlier also when the matter was taken up on 30.08.2025,
there was none to represent the opposite party; today also the
position is the same.
3. The petitioner by invoking the jurisdiction of this
Court, under Section 24 of the Code of Civil Procedure, 1908
has filed the present petition seeking transfer of Matrimonial
Case No. 236 of 2024 registered under Section 9 of the Hindu
Marriage Act, 1955, from the court of learned Principal Judge,
Family Court, Bihar Sharif, Nalanda to the court of learned
Principal Judge, Family Court, Patna.
4. Learned Advocate for the petitioner submitted that
Patna High Court MJC No.668 of 2025 dt.06-02-2026
2/5
the marriage of the petitioner was solemnised with the opposite
party on 21.04.2024 as per the Hindi rites and customs. Soon
after the marriage, when the petitioner went to her matrimonial
home, she was subjected to demand of dowry and on account of
non fulfillment of the same, she was tortured in various ways
and finally ousted from her matrimonial home, which resulted
into lodging of the F.I.R., bearing Phulwarisharif P.S. Case No.
1613 of 2024 on 19.10.2024.
5. It is submitted that the petitioner is duly posted as
Junior Engineer in North Bihar Power Distribution Company
Limited at Samastipur, whereas the opposite pary no.2 works as
a Government School Teacher in Higher Secondary School at
Darweshwarpur, Maner Block, Patna. The petitioner is residing
with her parents at Uttari Sanghat, P.S.- Phulwarisarif, District-
Patna and she has to travel for Samastipur in order to discharge
her duty. Notwithstanding the aforesaid fact, only in order to put
pressure and harass the petitioner, the present application under
Section 9 of the Hindi Marriage Act has been filed in the Court
of learned Principal Judge, Family Court, Bihar Sharif, Nalanda.
6. Besides the aforesaid fact, learned Advocate for the
petitioner by filing a Supplementary Affidavit submits at the Bar
that on the last date fixed in the Matrimonial Case No. 236 of
Patna High Court MJC No.668 of 2025 dt.06-02-2026
3/5
2024, when the father of the petitioner had gone to attend the
court proceeding and submitted an application to apprise this
Court that for transfer of Matrimonial case, the petitioner is
moved before this Court by filing the present case (M.J.C. No.
668 of 2025), he was caught hold and thrashed by the brother of
the opposite party and his friends. However, the father of the
petitioner any how rescued with the help of the Traffic police.
With regard to the aforesaid occurrence a petition had also been
filed before the Bihar Sharif police station.
7. Before parting with the case, it would be pertinent
to take note of the mandate of 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, where the Apex Court has
emphasized and underscored 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. It would also be relevant to refer the decision
rendered in the case of N.C.V. Aishwarya Vs. A.S. Saravana
Karthik Sha [AIR 2022 SC 4318] where the Apex Court has
Patna High Court MJC No.668 of 2025 dt.06-02-2026
4/5
observed 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.”
9. Having considered the submissions advanced by
the learned Advocate for the petitioner and taking note of the
fact that the opposite party has all along been working as a
Government Teacher in Higher Secondary School at
Darweshwarpur, Maner Block, Patna and one of the case
bearing, Phulwarisharif P.S. Case No. 1613 of 2024, is also
pending within the jurisdictional court of Patna, this Court finds
substance in the submission of the learned Advocate for the
Patna High Court MJC No.668 of 2025 dt.06-02-2026
5/5
petitioner to get the Matrimonial Case No. 236 of 2024 be
transferred to the court of learned Principal Judge, Family
Court, Patna from the court of learned Principal Judge, Family
Court, Bihar Sharif, Nalanda.
10. In view of the aforesaid facts and the position
obtaining in law, this Court is hereby allowed the present
application and direct for transfer of Matrimonial Case No. 236
of 2024 from the court of learned Principal Judge Family Court,
Bihar Sharif, Nalanda to the court of learned Principal Judge,
Family Court, Patna.
11. It is made clear that on receipt of the record, the
learned Principal Judge, Family Court, Patna shall issue fresh
notice to both the parties and proceed further in the matter, in
accordance with law.
12. The application stands allowed.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2026
Transmission Date NA
Checking your session…