Patna High Court MJC No.5071 of 2010 (5) dt.19-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5071 of 2010 ====================================================== PRAGATI, W/O SHRI KRISHNA KESHAV, D/O- SHRI PRITAM SHAHI HAVING HER NATIVE VILLAGE AT – LAKHANCHAND MOKAMA, POLICE STATION – MOKAMA, POST OFFICE – MOKAMA GHAT, PATNA AT PRESENT RESIDING AT B.N. ROY ROAD KADAM KUAN P.S. – KADAM KUAN, DISTRICT AND TOWN PATNA .... .... Petitioner/s Versus 1. KRISHNA KESHAV, SON OF ANANT PRASAD SINGH, RESIDENT OF VILLAGE – MAJHAULIA ROAD, P.O. AND G.P.O., P.S. – KAZIMOHAMMADPUR, DISTRICT – MUZUFFARPUR 2. SANJEV KR. S/0 RAM SHANKAR PRASAD SINGH @ TUNTUN BABU , R/O- MOHALLA – ROAD NO. 4, JURUN CHHAPRA, P.O. , G.P.O. AND P.S. BRAHMAPURA, DISTRICT MUZUFFARPUR AT PRESENT C-77, 3RD FLOOR, RAM PRASTHA COLONY, GHAZIBAD, U.P. .... .... Respondent/s ====================================================== 5 19-10-2011 Heard learned counsel for the petitioner and the Opposite Party No. 1. This is an application for transfer of Matrimonial Case No. 150 of 2010 filed by the Opposite Party No. 1 seeking divorce from the petitioner pending before the court of Principal Judge, Family Court, Muzuffarpur to Principal Judge, Family Court, Patna. Learned counsel for the petitioner submits that the petitioner, on account of mental and physical torture committed by the Opposite Party No. 1, was compelled to live with her parents at Patna. It is further stated and submitted that petitioner has no independent source of income and also there is no place of stay at Muzuffarpur where petitioner can live alone and contest the aforesaid matrimonial case filed by the Opposite Party No. 1. It is contended on behalf of the petitioner that on account of demand of dowry as also physical and mental torture, petitioner has filed a complaint case vide Complaint Case No. 3217 (c) of 2010 for the alleged offence under Section Patna High Court MJC No.5071 of 2010 (5) dt.19-10-2011 498A and other Section of the Indian Penal Code pending in the court of Sub- Divisional Judicial Magistrate, Patna as well as a maintenance case at Patna which is pending and Opposite Party No. 1 has appeared in these cases. Learned counsel for the petitioner further submits that the aforesaid matrimonial case 150 of 2010 deserves to be transferred from the court of Principal Judge, Family Court, Muzuffarpur to the Principal Judge, Family Court, Patna. On the other hand, learned counsel for the Opposite Party No. 1 has filed a counter affidavit and opposed the prayer of the petitioner for transfer the aforesaid matrimonial case. It is submitted that father of the petitioner is having criminal history and as such, he apprehends some danger to attend the court at Patna. It is further submitted and stated in the counter affidavit that petitioner is living with the opposite Party No. 2 and having an illicit relationship with him one of the grounds for divorce. Considering the submissions of the parties and their respective pleadings, it appears that the grounds taken for transfer of the case is that the petitioner has no independent source of income and there is also no place of stay at Muzuffarpur from where petitioner may contest the Divorce Case in question. It is not in dispute that parents of the petitioner are residing at Patna where the petitioner is living and there are two cases; one for the alleged offence under Section 498A and other sections of the Indian Penal Code as well as a maintenance case which is pending at Patna and the Opposite Party No.1 has appeared and contesting the said case. It is well settled that in the matter of transfer with respect to matrimonial case, convenience of the wife is an important consideration and as such, considering the convenience and inconvenience as also the financial fact that the petitioner has no Patna High Court MJC No.5071 of 2010 (5) dt.19-10-2011 independent source of income to bear the expenses in attending the aforesaid matrimonial case at Muzuffarpur as well as in absence of any place when she can stay alone, it is expedient in the interest of justice that the aforesaid matrimonial case vide Matrimonial case No. 150 of 2010 be transferred from the court of Principal Judge, Family Court, Muzuffarpur to Principal Judge, Family Court, Patna. I order accordingly. Let the records of the aforesaid matrimonial case be sent to the court of the Principal Judge, Family Court, Patna immediately. Both the parties are directed to appear before the Principal Judge, Family Court, Patna on 1st of December 2011 when a fresh date of hearing would be fixed in the aforesaid Matrimonial Case No. 150 of 2010. Accordingly, the aforesaid transfer application stands disposed of. Jagdish/- (Shailesh Kumar Sinha, J)