Patna High Court
Pritee Kumari vs Kundan Kumar Das on 10 October, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1680 of 2023
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Pritee Kumari @ Priti Kumari, Daughter of Shiv Kumar Lal Karn, Resident
of Jagar Madhubani, Police Station-Rahika, District-Patna, Bihar-847238.
... ... Petitioner/s
Versus
Kundan Kumar Das @ Kundan Kumar Son of Sarva Narayan Lal Das,
Resident of Road No.-1, House No. 04, Mithila Colony, P.S. Nasriganj,
District-Patna, Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv.
Mr.Pravashankar Mishra, Adv.
For the Opposite Party/s : Mr.Saurav Karn, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-10-2025
Heard the parties.
2. The application has been filed, seeking transfer
of Matrimonial Divorce Case No. 1696 of 2022 instituted under
Section 13(1)(i)(a) of the Hindu Marriage Act by the opposite
party from the Court of learned Principal Judge, Family Court,
Patna to the court of learned Principal Judge, Family Court,
Madhubani.
3. The marriage of the petitioner was solemnised
with the opposite party on 08.12.2021. Just after marriage,
allegedly she was subjected to torture in various ways on
account of non fulfillment of dowry leading to institution of
Rahika P.S. Case No. 67 of 2023. The petitioner has further been
ousted from the matrimonial home; since the petitioner was not
Patna High Court MJC No.1680 of 2023 dt.10-10-2025
getting any financial assistance, this led to filing of M.R. Case
No. 101 of 2023 before the court of Principal Judge, Family
Court, Madhubani seeking monthly maintenance and litigation
expenses. A copy of the final order passed in the afore noted
case has been produced before this Court and the same is kept
on record. On perusal of the order passed in the afore noted MR
Case No. 101of 2023, it appears that the opposite party has been
directed to pay a sum of Rs.8,000/- per month towards
maintenance to the applicant with effect from the presentation of
the application and further Rs.2,000/- has been award as a
litigation cost.
4. It is the contention of the petitioner that despite
the order having been passed by the learned Principal Judge,
Family Court, Madhubani, till date the petitioner has not been
offered as a single penny and as such she is facing serious
financial crunch to pursue the litigation. Moreover, the
petitioner is aged about 28 years and now she has been residing
with her parents at Madhubani and there is no one in her family
to look after and, as such, she is facing difficulty to pursue the
divorce case. Learned Advocate for the petitioner also placed
reliance upon the decision of the Hon'ble Supreme Court in the
case of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR
Patna High Court MJC No.1680 of 2023 dt.10-10-2025
2022 SC 4318] to support the aforesaid contention.
5. A counter affidavit has been filed on behalf of
the opposite party. It is submitted that the petitioner is a working
lady and has been associated with an NGO namely, Maithili
Diva and during her work she has to travel everywhere alone
and, moreover, in Complaint Case No. 223/2023, which is
pending before the court of Judicial magistrate 1 st Class,
Danapur, where the court has taken cognizance for the offences,
as alleged, on 12.05.2023, the petitioner was all along remained
physically present on all occasions. However, she never
intended to appear in Matrimonial Divorce Case No. 1696 of
2022. The filing of the transfer petition is said to be only a
move to put pressure on the petitioner with ulterior motive and
to harass the petitioner.
6. Considered the submissions advanced by the
learned Advocates for the respective parties and also taken note
of the judicial pronouncements 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 Court has
underscored that more weightage and consideration should be
given to the convenience of the female litigants and transfer of
Patna High Court MJC No.1680 of 2023 dt.10-10-2025
legal proceedings from one Court to another Court should
ordinarily be allowed in order to avoid undue hardship to the
female litigants. This Court further finds that the petitioner,
besides a woman aged about 28 years, there is no one in her
family to look after her, except the old parents, and, prima
facie, she is not getting any financial support. Save and except
the allegation that the petitioner is associated with an NGO, it
has not been disclosed as to how and what she is earning,
all the more, the conduct of the opposite party also appears to be
not conducive and uptill now he has been evading to pay
maintenance amount, as has been granted by the court of
Principal Judge, Family Court, Madhubani in MR No. 101 of
2023. The distance of Madhubani to Patna is also more than 200
kilometers; this is also one of the factor which is required to be
considered.
7. For reasons afore noted and the mandate of the
Apex Court, this Court finds substance in the transfer
application. Accordingly, Matrimonial Divorce Case No. 1696
of 2022 pending in the court of learned Principal Judge, Family
Court, Patna is transferred to the court of learned Principal
Judge, Madhubani.
8. MJC No. 1680 of 2023 stands allowed.
Patna High Court MJC No.1680 of 2023 dt.10-10-2025
9. Suffice it to observe that on receipt of the record
in the court of learned Principal Judge, Family Court,
Madhubani, a fresh notice shall be issued in favour of the
opposite party for his appearance.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 14.10.2025
Transmission Date
