IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1522 of 2009 Manju Devi @ Manju Prasad Versus Raja Ram Mahto ---------------------------------- 04. 26.08.2011 Heard learned counsels for the petitioner and the Opposite Party. This application has been filed for transfer of Matrimonial (Divorce) Case No. 12 of 2009 pending before the court of Principal Judge, Family Court, Madhepura to the court of Principal Judge, Family Court , Patna. Learned counsel for the petitioner submits that the ground for transfer of the aforesaid case is mainly the financial hardship of the petitioner who is living at Patna with her old father and son aged about 20 years. It is further submitted that petitioner has no place for staying at Madhepura to attend the Court. As such, the case deserves to be transferred to the court of Principal Judge, Family Court, Patna. Learned counsel for the Opposite Party submits that the ground for transfer that the petitioner is not having sufficient means to attend the case at Madhepura is not correct as she is working as school teacher in a private school. Considering the rival submissions of the parties and on perusal of the respective pleadings, it is not in dispute 2 that the petitioner is living with her father at Patna. As regards her financial resources and hardship although the Opposite Party has stated that she is a teacher in a private school. she can stay in hotel at Madhepura and she has a son with whom she can go, in my opinion, the above defence against the transfer of the aforesaid case cannot be sustained in law. In view of the above, it is directed that the aforesaid Matrimonial (divorce) Case No. 12 of 2009 be transferred from the court of Principal Judge, Family Court, Madhepura to Principal Judge, Family Court, Patna. Let the records of the aforesaid case be sent to the Principal Judge, Family Court, Patna immediately. It is further directed that both the parties shall appear before the Principal Judge, Family Court, Patna on 19th of October 2011 when a fresh date of hearing be fixed by the court. The M.J.C. application stands disposed of. Let a copy of the order be communicated to the court of District Judge, Madhepura through FAX in connection with the aforesaid Matrimonial (Divorce) Case No. 12 of 2009 for the immediately needful on the cost being deposited by the petitioner. Jagdish ( Shailesh Kumar Sinha, J.)