IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3369 of 2009 Anita Devi Versus Manoj Kumar Gaur ----------- 05. 20.07.2011 Heard learned counsel for the petitioner and the State. This application has been filed for transfer of Matrimonial Case No. 200 of 2009 filed by the Opposite Party under Section-9 of the Hindu Marriage Act , 1955 from the Principal Judge, Family Court, Samastipur to the court of Principal Judge, Family Court, Munger. Learned counsel for the petitioner submits that the marriage of the petitioner was solemnized with the Opposite Party as per the Hindu Rites and Customs on 23rd of June 1999 at her parent’s house, Jamalpur. The petitioner remained in her matrimonial home for some time. Thereafter, Opposite Party started abusing and torturing the petitioner to bring dowry from her father to the tune of Rs. 60,000/- . Soon thereafter, father of the petitioner died but opposite party continued pressurizing the petitioner to bring the dowry. Petitioner could not fulfill the demand and ultimately, the opposite party forcibly thrown the petitioner out from her matrimonial home and , thereafter, the petitioner shifted at her native place. It is further submitted that when the 2 petitioner could learn that opposite party has solemnized the marriage with another lady, namely, Puja Devi on 12th of July 2008, she filed a Complaint Case vide Complaint Case No. 934C/2008 for the offence allegedly committed by the Opposite Party under Section- 498A of the Indian Penal Code, which is pending in the court of S.D.J.M., Munger. It is further submitted that petitioner also filed a matrimonial case vide Matrimonial Case No. 44 of 2009 claiming the maintenance which is also pending in the court of Principal Judge, Family Court, Munger. It is submitted on behalf of the petitioner that since petitioner is residing in her native place at Munger with her mother and other family members, as such, she could not attend the court at Samastipur in absence of any one to accompany her on each date fixed in the aforesaid Matrimonial Case 200 of 2009 as because the financial condition is not good to afford the litigation at Samastipur. Besides the above, petitioner has filed a complaint case as also maintenance case at Munger and as such, the opposite party is required to come at Munger to attend the aforesaid case. Considering the submissions and the ground stated in the petition, this court is of the opinion that taking the convenient situation, for the petitioner to 3 pursue the matrimonial case filed by the opposite party at Samastipur, it is expedient to transfer the case to Munger. In view of the above, it is expedient in the interest of justice that the aforesaid Matrimonial Case No. 200 of 2009 be transferred from the court of Principal Judge, Family court, Samastipur to Principal Judge, Family Court, Munger and also the records of the aforesaid matrimonial case be sent to the Principal Judge, Family Court, Munger without delay. The petitioner may appear before the Principal Judge, Family Court, Munger on 28th of September 2011 alongwith the certified copy of the present order on which date Principal Judge, Family court, Munger shall fix the date for hearing . The M.J.C. application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)