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IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.668 of 2025

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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

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Appearance :

For the Petitioner/s : Mr. Nityanand Mishra, Advocate

Ms. Diksha Kumari, Advocate

For the Opposite Party/s : Mr.

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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

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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

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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 als