IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1647 of 2010 SMT. KHUSHBU DEVI Versus ASHISH KUMAR ----------- 05. 19.05.2011 Heard the parties. This application has been filed for transfer of Matrimonial Case No. 50 of 2009 pending in the court of Principal Judge, Family Court Ara (Bhojpur) to the court of Principal Judge, Family Court at Gaya. It is submitted on behalf of the petitioner that she is living at her parents house at Gaya and has no independent source of income to contest the matter at Ara. It is further submitted that it is also difficult to her to go from Gaya to Ara alone and there is also no place to stay at Ara for PAIRVI in the aforesaid divorce case. Besides the above, petitioner has also stated that she is threatened by Opposite Party and as such, in the interest of justice, the case be transferred as prayed for. Learned counsel for the Opposite Party (husband) opposes the prayer of the petitioner and submits that petitioner has also filed a case for the alleged offence under Section 498A of the Indian Penal Code at Sherghati vide Complaint Case No. 306 of 2009 corresponding to Trial No. 2416 of 2010. It is further submitted that, instead of the case be transferred from Ara to Gaya, the case be transferred from Ara to Aurangabad. In reply, learned counsel for the petitioner opposes the suggestion and 2 submits that if the case be transferred from Ara to Aurangabad, the interest of the petitioner could not be served in the premises of the fact that she cannot afford to contest the matter at Ara or Aurangabad in absence of any source of income, as such, it will be convenient for the petitioner to contest the matter at Gaya. Considering the submissions of the parties, it is not in dispute that petitioner has no independent source of income and also there is no dispute that the petitioner has not any place of residence at Ara. Considering the above aspect of the matter as also in the interest of justice, it is directed that the above matrimonial Case No. 50 of 2009 pending in the court of Principal Judge, Family Court at Ara (Bhojpur) be transferred to the court of Principal Judge, Gaya. Let both the parties may appear in the court of Principal Judge, Family Court, Gaya on 27th of July 2011 for taking appropriate steps in the case. Let a copy of this order be communicated to the court of Principal Judge, Family Court, Ara and also Principal Judge, Family Court, Gaya on the cost being deposited by the petitioner. Accordingly, the application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)