Case Facts:
Patna High Court MJC No.3057 of 2011 (3) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3057 of 2011 ====================================================== Smt. Aradhana @ Aradhana Kumari wife of Arknath Chaudhary & daughter of Sri Shyam Kishore Jaiswal, Resident of Kamini Kunj, Badi Durga Ji Road, Mahnar Bazar, P.S. Mahnar, District Vaishali .... .... Petitioner/s Versus Arknath Chaudhary son of late Bindeshwar Chaudhary, Resident of village Koria Raipur, P.S. Nanpur, District Sitamarhi .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : None ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 10.4.2012 The petitioner, who is the wife of opposite party, seeks transfer of Matrimonial case No.69 of 2010 pending in the court of Principal Judge, Family Court, Sitamarhi to the court of Principal Judge, Family Court, Vaishali at Hajipur. It has been submitted on behalf of the petitioner that she filed a complaint case before the Chief Judicial Magistrate, Vaishali at Hajipur against the opposite party and others [STATUTE] s further been submitted that the petitioner was getting regular threatening from the opposite party to withdraw the complaint case and the opposite party attempted to kidnap her on one occasion. Undoubtedly the petitioner is a lady, who is living in her maternal home and financially pressed and would Patna High Court MJC No.3057 of 2011 (3) dt.10-04-2012 be further put to hardship if she has to pursue the case at a far distance. Even though opposite party has appeared through a duly executed Vakalatnama, but none appears before this Court today. Considering the submission of the petitioner, I am inclined to allow this application. In view of such, let Matrimonial case No.69 of 2010 be transferred from the court of Principal Judge, Family Court, Sitamarhi to the court of Principal Judge, Family Court, Vaishali at Hajipur and the Principal Judge, Family court, Vaishali at Hajipur with a direction to it to expedite the proceeding and hear the matter on priority basis and conclude the same preferably within nine months from the date of receipt of this order in which the parties will whole heartedly co-operate. The Family Court, Vaishali at Hajipur will also consider the difficulties of the opposite party in not appearing personally on each date and will dispense with his personal appearance if he is not required. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.