[Cites 12, Cited by 0]
Patna High Court
Priti Kumari vs Ayush Kumar on 16 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1224 of 2023
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Priti Kumari W/o Ayush Kumar, D/o Ajay Kumar Singh, R/o Village-
Haripur, P.S.- Sonbarsha Kutchhary, District- Saharsa (Bihar), A/p C/o Ajay
Kumar Singh, R/o Mohalla- Bibiganj Vijayata Compound, Bhagwanpur P.S.-
Sadar, Post- General Post Office, District- Muzaffarpur.
... ... Petitioner/s
Versus
Ayush Kumar S/o Sri Pramod Kumar Singh @ Jitendra Kumar Singh, R/o
Village- Haripur, P.S.- Sonbarsa Kutchhary, District- Saharsa (Bihar), A/p
working at Brio Technologies as Associate could consultant, Gurugram,
Haryana
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Opposite Party/s : Mr. Satish Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 16-01-2026
Heard Mr. Siyaram Pandey, learned Advocate for
the petitioner and Mr. Satish Kumar Singh, learned Advocate for
the opposite party.
2. Invoking the jurisdiction of this Court, an
application under Section 24 of the Code of Civil Procedure has
been preferred seeking transfer of Divorce Case No. 51 of 2022
filed by the opposite party from the court of learned Principal
Judge, Family Court, Saharsa to the court of learned Principal
Judge, Family Court, Muzaffarpur.
3. The marriage of the petitioner was solemnised on
09.12.2020
as per the Hindi rites and rituals, however, soon after
the marriage, she was subjected to demand of dowry and on
Patna High Court MJC No.1224 of 2023 dt.16-01-2026
account of non fulfillment of the same, she was subjected to
torture in various ways. The aforesaid incidence led to filing of
Sadar P.S. Case No. 686 of 2022 for the offences punishable
under Sections 498A, 323, 504, 506, 307/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act against the
opposite party and others. The petitioner also filed Maintenance
Case No. 125 of 2023 agaisnt the opposite party, which is also
pending before the learned Principal Judge, Family Court,
Muzaffarpur. There is a further litigation giving rise to Domestic
Violence Case No. 1154 of 2023 registered under Section 12 of
the Protection of Women from Domestic Violence Act, 2005,
pending before the learned Chief Judicial Magistrate,
Muzaffarpur.
4. Referring to the aforesaid facts, learned Advocate
for the petitioner submitted that besides the three cases, as noted
hereinabove, are pending consideration before the learned
jurisdictional court of Muzaffarpur, the petitioner is unable to
attend the Divorce Case No. 51 of 2022, pending before the
court of learned Principal Judge, Family Court, Saharsa at a
distance of 160 KM, the petitioner is a hapless lady fully
dependent upon her old aged parents and there is no one to look
after her; besides there is no any financial assistance.
Patna High Court MJC No.1224 of 2023 dt.16-01-2026
5. On the other hand, learned Advocate for the
opposite party filed a counter affidavit and submitted that all
the three cases, which have been taken note of in the afore
going paragraphs have been filed back to back one by one
after filing of Divorce case in order to wreak vengeance and
put pressure. So far the distance is concerned, it is the
admitted position that from Saharsa to Muzaffarpur, there is a
good connectivity of four lane road as well as Railway and
the opposite party is ready to pay the statutory amount on
every appearance of the petitioner. It is next contended that
the entire case of the petitioner is based upon concocted
allegation and she does not deserve any sympathetic
consideration to this Court only on account of she being the
wife of the opposite party. A part from the fact, the petitioner
had already entered her appearance and filed written
statement in Divorce case.
6. Before proceeding further, it would be worth
benefiting to take note of the decision rendered in N.C.V.
Aishwarya Vs. A.S. Saravana Karthik Sha [AIR 2022 SC
4318] where the Apex Court while 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
Patna High Court MJC No.1224 of 2023 dt.16-01-2026
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 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."
7. It is also noted that the Apex Court in the case of
Sumita Singh Vs. Kumar Sanjay, reported in, (2001) 10 SCC
Patna High Court MJC No.1224 of 2023 dt.16-01-2026
41 and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi,
reported in, (2005) 12 SCC 237, ruled 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. In the light of the afore noted rulings now coming
to the case at hand. Admittedly, out of four cases, three of them
are pending before the jurisdictional court of Muzaffarpur and
the petitioner is a woman, aged about 30 years, and has to face
serious difficulties in attending the Court, which is at a distance
of almost 160 KM; besides there is no one in her family to look
after, except the aged parents, this Court finds substance in the
present application.
9. Accordingly, the present application stands
allowed and direct for transfer of Divorce Case No. 51 of 2022
from the court of learned Principal Judge, Family Court,
Saharsa to the court of learned Principal Judge, Family Court
Muzaffarpur.
10. On receipt of the record, the learned Principal
Judge, Family Court, Muzaffapur shall issue fresh notice to both
the parties and proceed accordingly and dispose of the Divorce
Patna High Court MJC No.1224 of 2023 dt.16-01-2026
case, in accordance with law expeditiously.
11. The application stands allowed.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.01.2026
Transmission Date NA
