IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1736 of 2008 RANJANA DEVI@KUMARI RANJANA @RANJANA KUMARI,wife of Rakesh Chandra, daughter of Sri Gopal Prasad Barnwal, resident of Mohalla Madhopur, P.S. Kotwali, P.O. Basudeopur, District- Munger, at present Jhajha near Marwari Dharamshala, P.O.Jhajha, P.S. Jhajha, District- Jamui…petitioner Versus RAKESH CHANDRA, son of late Harish Chadra Prasad, resident of Mohalla- Madhopur, P.S. Kotwali, P.O. Basudeopur, District- Munger… Opposite Party ----------- 4. 16.9.2009 Heard learned counsel for the petitioner and learned counsel for the sole opposite party. The petitioner seeks transfer of Matrimonial Case No. 19 of 2008 from the Family Court, Munger to the Family Court, Jamui. The petitioner is the wife, who claims that some time after the marriage on 29.6.2006, the petitioner was started to be tortured for meeting various financial demands and ultimately sent back to her father’s home. It is stated that the petitioner has filed a complaint case under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act in 2 which cognizance has been taken and the case is pending for trial before the S.D.J.M., Jamui. It is further submitted that a maintenance case is also pending before the Family Court, Jamui. Learned counsel for the petitioner submits that the Matrimonial Case No. 19/2008 has been filed in the Family Court at Munger only for the purpose of harassing her. It is submitted that she is residing with her father, who is suffering from various diseases and she herself does not keep good health and it is difficult for her to pursue the case at Munger. It is further pointed out that for reaching Munger, she has to board a train from Jhajha to Kiul and another train from Kiul to Jamalpur and the third from Jamalpur to Munger for a journey of about 120 K.M. one way, which is a very difficult task for a young lady in the current social set up. Learned counsel for the opposite party, on the other hand, submits that the petitioner is an active lady carrying on her own business and she can easily come to 3 Munger for pursuing the matrimonial case. The stand taken on his behalf is that the opposite party is suffering from severe back- ache, for which he is under medical treatment and is being advised complete bed rest from time to time. On a consideration of the facts and circumstances of the case and the materials available on the record, it is evident that the opposite party has to go to Jamui for pursuing the criminal case and the maintenance case. Moreover, the prescription submitted by him does not appear to be of a case when he is not in a position to move at all. There is nothing in his medical report to show that he is completely immobile. The advice of physiotherapy and rest for three weeks cannot be said to be such that he would be unable to attend the Court at Jamui for all times to come. In the above circumstances, considering the fact that the inconvenience caused to a lady in going to another place for pursuing the Court case is much more than that caused to the husband in similar 4 situation and particularly, considering the fact that the petitioner has to change two trains for the journey from Jhajha to Munger, it is a fit case for directing the matrimonial case to be transferred to the Family Court at Jamui. The application is, accordingly, allowed and it is directed that Matrimonial Case No. 19 of 2008 pending before the Principal Judge, Family Court, Munger shall be transferred to the Court of the Principal Judge, Family Court, Jamui. VPS ( Ramesh Kumar Datta, J.)