IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.825 of 2008 ANTANA KUMARI @ RANJANA Versus RAMA SHANKAR JHA ----------- 5 16.9.2008 Mr. Purushottam Jha had filed Vakalatnama on behalf of the opposite party seeks permission to withdraw the Vakalatnama on the ground that he has not received any further instruction from his client. It appears that the opposite party is delaying the matter and is therefore, not instructing his counsel in this case. This application is for transferring the Matrimonial Case No. 62 of 2007 pending before the Principal Judge, Family Court, Darbhanga to the Court of Principal Judge, Family Court, Madhubani. The petitioner who is a wife of the opposite party was married to the opposite party on 13.6.2005 and it appears that both the parties could not live together and the opposite party was torturing the petitioner. A case has been filed by the petitioner under Section 498A of the Indian Penal Code which is numbered as Madhubani Town P.S. Case No. 23 of 2008 and is pending before the Chief Judicial Magistrate, Madhubani. It is submitted that another case numbered as M.R. Case No. 115 of 2007 is pending before the Court of the Principal - 2 - Judge, Family Court, Madhubani. Learned counsel for the petitioner submits that there are two cases pending in Madhubani and the opposite party has to attend those two cases and as such it will not be inconvenient for the opposite party if the Matrimonial Case filed by him was transferred in the Court of Madhubani. Learned counsel further submits that the petitioner lives with her family at Madhubani and she has a small baby and it is not possible for her to travel to Darbhanga with a small child on each and every date. In the facts aforesaid I find that the Matrimonial Case should be heard at Madhubani instead of Darbhanga. The Principal Judge, Family Court, Darbhanga is directed to send the records of Matrimonial Case No. 62 of 2007 pending before him to the Court of Principal Judge, Family Court, Madhubani. This application is thus allowed. Sanjay (Sheema Ali Khan,J.)