IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.700 of 2008 KHUSBU KUMARI @ KHUSBU DEVI Versus DR. AKHILESH KR.DUBEY@ SANJAY ----------- 5. 04.07.2008 This petition has been filed by Khusbu Kumari alias Khusbu Devi under Section 24 of the Code of Civil Procedure for transfer of Matrimonial case no. 127 of 2007 from the court of Principal Judge, Family Court, Ara to the court of Principal Judge, Family Court at Gaya, which has been filed by her husband opposite party Dr.Akhilesh Kumar Dubey alias Sanjay Dubey. Heard learned counsel for the petitioner and the opposite party. It has been submitted that petitioner is living at Gaya at her matrimonial place and she has been ousted from her sasural. There was no occasion to file case at Ara when Ara has nothing to do with the living of either of the parties. On the other hand, learned counsel for the opposite party has submitted that petitioner is also earning her livelihood at Gaya by running a private school and she has sufficient means so as to enable her to contest the divorce suit at Ara. In the last, a suggestion has also been given that the case may be transferred to Patna, which is more or less equidistant from Ara and Gaya. It is also submitted by the learned counsel for the opposite party, he is being humiliated and ill treated by the members of the petitioner’s family at Gaya whenever opposite party goes to Gaya in connection with his case. But this fact has been controverted from the other side. Having considered averments made in the petition and the counter affidavit and also hearing learned counsel for 2 both sides, it is gathered that opposite party is also facing trial at Gaya and the opposite party, being husband of the petitioner, has not paid any money for maintenance to the petitioner and for that the petitioner earns her livelihood by running a private school at Gaya. In the facts and circumstances, prayer of the petitioner is allowed. Let the Matrimonial case no. 127 of 2007 be transferred from the court of Principal Judge, Family Court, Ara to the court of Principal Judge, Family Court at Gaya, with a direction that the date of matrimonial case as also the criminal cases pending at Gaya against the opposite party should be fixed in such a way so that all the proceedings on the same day should proceed further so that the opposite party may not have to come for extra visit to Gaya. It shall also be the duty of the petitioner to see that all cases are fixed on the particular date; and dates shall be in accordance with the direction of the Presiding Officer of the Family Court on consideration of convenience of the parties. It is further directed that neither of the opposite party nor his father nor any of his family member should be ill treated at Gaya by the family members of the petitioner. In case, if it happens, the matter shall remain open for transfer to any other district. In the result, the petition stands allowed. Let this order be communicated to the concerned courts. (Subash Chandra Jha,J.) spal/