IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.882 of 2008 Sangeeta Kumari wife of Pankaj Kumar, Daughter of Rabindra Prasad, resident of Bans Kothi, D.N.Das Lane, Langertoli, Police Station- Kadamkuan, Town and District-Patna. ……………Petitioner. -Versus- Pankaj Kumar, son of Dinesh Prasad Barnwal, resident of Mohalla- Madhopur, Police Station- Kotwali, Town and District- Munger, residing at Flat No.439 C, Shipra Sun- City, Indirapuram, Police Station- Indirapuram, Gaziabad, Town & District- Gaziabad and posted as Deputy General Manager (Sales & Marketing) in M/S. Ordyn Technologies Pvt. Ltd., at 608, Sethi Bhawan-7, Rajendra Place, Police Station-Prasad Nagar, New Delhi, Pin Code No. 110008. ………Opposite Party. ----------- 11. 29.9.2008. The petitioner has filed this case for transfer of Divorce Case No. 128 of 2007 from the court of the Principal Judge, Family Court, Munger to the court of the Principal Judge, Family Court, Patna. The ground taken by the petitioner is that she has difficulty in travelling to Munger on each and every date specially as she has two children and she has difficulty in leaving them behind. The husband is admittedly living in Delhi and since his native home is at Munger, the case of divorce has been filed at Munger. From the facts stated in the petition and the reply filed by the opposite party, it appears that both the parties are unable to live together and attempts for reconciling their differences by the courts, have failed. It has also been submitted on behalf of the petitioner that she is totally depended on her father who happens to be practicing - 2 - lawyer of this Court. Learned counsel appearing on behalf of the opposite party has referred to a judgment passed in the case of Andita Das Vs. Srijit Das reported in 2006(9) S.C., 197 wherein the Supreme Court has stated that the court should not pass orders of transfer on the assertions of the parties but should consider the case of a party on merit. In this particular case, it is an admitted fact that the opposite party lives in Delhi. In the circumstances, I do not find that the opposite party can actually object if the case is heard at Patna which is centrally located for both the opposite party and the petitioner. I, accordingly, allow the transfer application of Divorce Case No. 128 of 2007 and order that the Principal Judge, Munger should send the file of Divorce Case No.128 of 2007 to the Principal Judge, Family Court, Patna. The Principal Judge, Family Court, Patna is directed not to encourage or allow the parties to take up unnecessary time in this divorce case and should dispose the case within a period of one year after the file is sent from the Principal Judge, Family Court, Munger to Patna. This application is, accordingly, disposed of with the aforesaid directions. U.K. (Sheema Ali Khan,J)