IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.652 of 2011 Dr. Sarita Sinha, wife of Sanjay Kumar Sinha, daughter of Sri Ram Chandra Prasad, resident of 26, Jagriti Nagar, Magistrate Colony Road, Ashiana Nagar, P.S. Rajeev Nagar, District-Patna………………………………………….Petitioner. Versus 1. The State Of Bihar through Director General of Police, Government of Bihar, Patna. 2. The Senior Superintendent of Police, Patna. 3. Thana In-charge, Rajiv Nagar, P.S. Rajiv Nagar, District- Patna. 4. Sanjay Kumar Sinha, son of Late (Dr. Tulsi Prasad Sinha, resident of Jagriti Nagar, Ashiana Road, P.S. Rajeev Nagar, Patna. At present residing at C/O Dharmveer Kumar Sinha, Retd. Commissioner, Custom Excise, 604, Abhishek Park Aqualine, Surat-7, Gujarat. 5. Bhavesh Sinha @ Monty, son of Sanjay Kumar Sinha, resident of Jagriti Nagar, Ashiana Road, P.S. Rajeev Nagar, Patna. At present residing at C/O D.K. Sinha, Retd. Commissioner, Custom Excise, 604, Abhishek Park, Aqualine, Surat-7, Gujarat. …………………………………………………Respondents. ----------- 2. 7.7.2011. Heard learned counsel for the petitioner and the State. The petitioner claims that her son has forcibly been taken away by her husband. Without expressing our view with regard to the merit of the case, it is apparent that the parties are on litigating terms before the Family Court, Patna. Regarding claim of the petitioner to have possession of her child, the 2 petitioner has alternative remedy and for that she can move before the Family Court, Patna. No doubt, this Court can interfere in such case but it should not interfere in all cases as it would amount to unnecessary interference in the jurisdiction of the Court even in a case in which there is efficacious and alternative remedy. In the present case, the petitioner has alternative remedy and for that she can take legal recourse through the Civil Court which is also equally competent to dispose of such type of matter and in such cases in which the relationships are involved some conciliation is required and the Civil Courts are doing this. Therefore, in our view the proper remedy for the petitioner would be to move the Civil Court for the redressal of her grievance. This writ application is disposed of with a liberty to the petitioner to approach the Civil Courts for the redressal of her grievance. P.S. (Shyam Kishore Sharma, J) (Rajendra Kumar Mishra, J)