IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1564 of 2008 Archana Kashyap, W/O Sri Bijay Kumar, daughter of Shri Rajendra Thakur, Resident of Mohalla- Purani Gudari Bazar, T.K.Mukherjee Chauk, P.S. Bettiah Town, District- West Champaran Versus Bijay Kumar, , S/O Late Loknath Prasad, Resident of Mohalla- G.P.Verma Lane, Mundichak, P.S. Kotwali, District-Bhagalpur. ----------- 7. 18.9.2009 Heard learned counsel for the petitioner. Nobody appears for the opposite party although notices were earlier validly served upon him. The petitioner- wife seeks transfer of Matrimonial Case No. 59/2007 filed by opposite party-husband for dissolution of marriage from the Family Court, Bhagalpur to Family Court, Bettiah. It is stated that soon after the marriage on 13.12.2002 the opposite party and his family members started torturing the petitioner and making various demands and ultimately she was ousted from the matrimonial home on 15.12.2006. It is stated that since then she is away from her matrimonial house at Bhagalpur and thereafter she has been staying at her father’s house at Bettiah. It is stated that despite several attempts the opposite party did not take her back and instead filed a divorce case being Matrimonial Case No. 59/2007 in the Family Court at Bhagalpur. It is stated that it would be very difficult for the petitioner to pursue the matrimonial case at Bhagalpur by going all the way to Bettiah considering her circumstances. It is further stated that compelled by the circumstances, the petitioner has also filed a Complaint Case No. 904-C/08 under Section 498A IPC which is 2 pending in the court of Sub-Divisional Judicial Magistrate, Bettiah and a Maintenance Case under Section 125 Cr.P.C. which is pending before the Family Court, Bettiah. It is also pointed out that the opposite party is working in a private company at Gangtok in the State of Sikkim. In view of the aforesaid circumstances and considering the fact that it would cause serious inconvenience to the petitioner to pursue the divorce case at Bhagalpur, whereas the inconvenience to the opposite party would not be of the same order, who is, in any case, not residing at Bhagalpur but working at Gangtok in the State of Sikkim, it would be appropriate if the Matrimonal Case is transferred to Bettiah. Accordingly the transfer application is allowed and it is directed that Matrimonial Case No. 59/2007 shall stand transferred from the Court of Principal Judge, Family Court, Bhagalpur to the Court of Principal Judge, Family Court, West Champaran at Bettiah. S. Pandey ( Ramesh Kumar Datta, J.)