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.

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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 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

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