IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1577 of 2010 Rupa Kumari Versus Vikash Kummar Singhania ---------------------------------- 03. 14.09.2011 Heard learned counsel for the petitioner and the Opposite Party. This application has been filed for transfer of Matrimonial Case No. 269 of 2009 pending in the court of Principal Judge, Family Court, Bhagalpur to the court of Principal Judge, Family Court, Patna. In support of the petition, learned counsel for the petitioner submits that the aforesaid case may be transferred as prayed for the reasons that petitioner is residing with her parents at Patna. It is further submitted that petitioner has no source of income and her father and brother, both are engaged in their business, as also there is no place of stay at Bhagalpur and as such, petitioner is not in a position to attend the court on the dates in the above matrimonial case at Bhagalpur. It is further submitted that petitioner has filed a complaint case vide Complaint Case No. 3101 (c) 2009 in the court of Chief Judicial Magistrate, Patna for the offence committed by the opposite party under section 498A and other provisions of the Code as also under Section 3 and 4 of the Dowry Prohibition Act. In the aforesaid case, cognizance has been taken against the 2 petitioner. Besides the above, it is also submitted that petitioner does not feel herself safe at Bhagalpur to stay and attend the court alone. As such, the aforesaid matrimonial case deserves to be transferred to the court of Principal Judge, Family Court, Patna. A counter affidavit has been filed on behalf of the opposite party in the above case opposing the aforesaid application of the petitioner for transfer. Learned counsel for the Opposite Party submits that the ground taken on behalf of the petitioner that since her father and brother are engaged in business and as such, she is unable to attend the court at Bhagalpur, does not stand any reason as the petitioner can go along with them on the fixed dates. It is further submitted that as regards the claim of the petitioner that she has no independent source of income, it is submitted that the petitioner herself is a well qualified woman and as such she can employ herself to earn. Besides the above, it is further submitted that opposite party also apprehends some danger at the hands of the petitioner and her family members, as he was assaulted at the instance of the father and mother of the petitioner for which informatory petition was filed before the Chief Judicial Magistrate, Patna, however, no regular FIR was lodged or complaint filed in court. The learned counsel submits that opposite party is prepared to 3 bear expenses on account of traveling and stay of the petitioner whenever she attends the court. Lastly, it is submitted that the case may be transferred from Bhagalpur to any other place other than Patna. Reliance has been placed on a decision reported in 2004 (13) SCC 592 for the proposition that apprehension of the husband with respect to his risk/ danger may also be taken into consideration. Considering the rival submission of the parties and upon perusal of the respective pleadings, it would appear that the primary ground made out by the petitioner in support of the transfer application is of her serious inconvenience in attending the court at Bhagalpur for want of any independent source of income as also in absence of any person to accompany her on the date fixed at Bhagalpur as also there is no place of stay at Bhagalpur where the petitioner can stay alone. Opposite Party has not denied the assertion of the petitioner that she has no independent source of income as also the fact that there is no place where she can stay at Bhagalpur alone. However, it is submitted on behalf of the opposite party that expenses of the travel and stay of the petitioner at Bhagalpur can be borne by the opposite party. In this case, opposite party also expressed his apprehension of some danger at Patna at the instance of the parents of the petitioner and in fact, two 4 such incidents had taken place although no regular criminal case against the person who committed the alleged offence either has been lodged with the police or the any complaint has been filed in court save and except filing a informatory petition. The law is well settled that in between the convenience and inconvenience of the husband and wife in attending the matrimonial case, the convenience of the wife vis-à-vis the inconvenience of the husband is prime. In this case, admittedly a complaint case under section 498A and other sections of the Penal code is pending in the court of SDJM, Patna where the opposite parties are required to appear and take appropriate steps as cognizance of the offences have been taken by the concerned court although as submitted an application for transfer of the aforesaid criminal case is filed in this court however, no order has been passed as yet. Considering the facts and circumstances of the case, as also taking the notice of above said submission, I am of the opinion that in the expedient of justice, the aforesaid matrimonial case i.e. Matrimonial Case No. 269 of 2009 pending in the court of Principal Judge, Family Court, Bhagalpur be transferred to the court of Principal Judge, Family Court, Patna. I order accordingly. The records of the aforesaid case be sent to the court of the Principal Judge, Family Court, Patna 5 immediately. Both the parties may appear in the court of Principal Judge, Family Court, Patna on 14th of December 2011 when a fresh date of hearing be fixed. The M.J.C. application stands allowed. No cost. Jagdish ( Shailesh Kumar Sinha, J.)