Alka Kumari v. Amit Kumar Nirala
Transfer of matrimonial proceeding – Section 24, Code of Civil Procedure, 1908
Case brief
What is this about?
Patna High Court MJC No. 668 of 2025 (Harish Kumar, J., 06-02-2026): wife's transfer petition under Section 24 CPC seeking shift of Matrimonial Case No. 236 of 2024 (Section 9, Hindu Marriage Act, 1955) from Family Court, Bihar Sharif, Nalanda to Family Court, Patna; grounds: petitioner's posting at Samastipur and residence at Patna, opposite party's employment as Government Teacher at Darweshwarpur, Maner Block, Patna, FIR Phulwarisharif P.S. Case No. 1613 of 2024 pending within Patna jurisdiction, assault on petitioner's father at Bihar Sharif court premises; precedents relied on: Sumita Singh v. Kumar Sanjay (2001) 10 SCC 41, Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005) 12 SCC 237, N.C.V. Aishwarya v. A.S. Saravana Karthik Sha AIR 2022 SC 4318 (wife's convenience in transfer matters); application allowed; fresh notice to both parties directed.
What did the court decide?
Transfer of Matrimonial Case No. 236 of 2024 from the court of the learned Principal Judge, Family Court, Bihar Sharif, Nalanda to the court of the learned Principal Judge, Family Court, Patna, with a direction that on receipt of the record the transferee court issue fresh notice to both the parties and proceed further in accordance with law.