IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3567 of 2010 Sarika Mishra Daughter of Hari Kishore Chaturvedi C/o Amit Kumar Chaturvedi, in the house of Pampamji New Colony, Khiru Chowk Bhotta bazaar P.S.K. Hat Sahayak District Purnea(Bihar) …….Petitioner Versus Shyamal Chandra Mishra son of Late Yogeshwar Mishra, resident of Noorani bagh Colony 5A, P.S. Alamganj District Patna. ………Opposite Party ---------------------------------- 7 14.10.2011 Heard learned counsels for the petitioner and the opposite party. This application has been filed for transfer of Matrimonial Case No. 432 of 2009 pending in the Court of Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, Purnea. It is submitted that transfer of the aforesaid case is on account of paucity of independent financial resources of the petitioner and as such he is residing with her parents. This apart from the two more cases against the opposite party one under Section 498(A) of the Penal Code in which the cognizance has been taken vide complaint case No. CA 1313 of 2009 in the Court of Chief Judicial Magistrate, Purnea as stated in the paragraph 14 of the petition as also a Maintenance Case No. 99 of 2009 which is also pending at Purnea. The ground putforth that there is no place for petitioner to live alone at Patna to contest the above matrimonial case filed by the opposite party for divorce is not in dispute. In the above circumstances, it has been prayed that the aforesaid matrimonial case to be transferred from 2 Patna to the Purnea. The learned counsel appearing for the opposite party submits that the petitioner apprehends some danger at Purnea since brother of the petitioner has filed a false criminal case against him vide Complaint Case No. 3836 of 2009 and cognizance has been taken against the petitioner in the Court of Chief Judicial Magistrate, 1st Class Purnea. This apart it is submitted that the petitioner is being paid maintenance of Rs. 3500/- pursuant to the order passed in the Maintenance Case No. 99 of 2009. Considering the respective submissions and pleadings of the parties, it appears that the fact is not in dispute that the petitioner has no independent source of income except the above maintenance and she is residing with her parents at Purnea where two more cases are pending against the opposite party as noticed above. It is well settled that in the matter of transfer of the matrimonial cases the convenience of the wife is an important consideration. Considering the convenience and inconvenience of the parties, I am of the opinion that the transfer of the aforesaid Matrimonial Case No. 432 of 2009 pending in the Court of Principal Judge, Family Court Patna be transferred before the Principal Judge, Family Court Purnea Let the records of the aforesaid matrimonial case be sent to the Court of Principal Judge, Family Court, Purnea immediately. 3 Both the parties are directed to appear before the Principal Judge, Family Court, Purnea on 29th of November 2011 in the said Matrimonial Case No. 432 of 2009 when a fresh date of hearing be fixed. The Court below shall dispose of the case expeditiously. The above Miscellaneous judicial case stands disposed of. Prakash (Shailesh Kumar Sinha, J.)