IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1597 of 2011 Priyanka Jaiswal @ Guriya Versus The State Of Bihar & Ors ----------- FOR THE PETITIONER : MR. VIJAY SHANKAR SHRIVASTAVA, ADVOCATE FOR THE OPP. PARTY NO.2 : MR. RAKESH RANJAN MR. R.C. SINHA 3 05.12.2011 Heard learned counsels for the petitioner and the opposite party no.2. This application is for transfer of Divorce Case No. 263 of 2010 pending before the Principal Judge, Family Court, West Champaran at Bettiah to the Court of Principal Judge, Family Court, East Champaran at Motihari. Learned counsel for the petitioner submits that on account of demand of dowry and torture petitioner was compelled to live with her parents at Motihari and filed criminal case against opposite party no.2 at Motihari for the offence committed by him under section 498A and other sections of the Indian Penal Code as well as Maintenance Case No. 415 of 2010 under section 125 Cr. P.C. which is pending in the Court of Principal Judge, Family Court, East Chamapran at Motihari in which the opposite party no.2 has appeared and contesting the case. It is further submitted that the petitioner has no independent source of income to maintain herself and her one minor child aged about one year. It is very difficult for her to go alone to Bettiah and contest the case whereas the opposite party no.2 is contesting the aforesaid cases filed by the petitioner at Motihari. In the above circumstances, it has been submitted that the aforesaid Matrimonial (Divorce) Case No. 263 of 2010 deserves to be transferred as prayed for. Learned counsel for the opposite party no. 2 files a counter affidavit and opposes the prayer for transfer. It is mainly contended that at Motihari there is apprehension of danger to his life and as such he needs protection. Considering the submissions of the parties and their respective pleading, it is not in dispute that the petitioner has no independent source of income to maintain herself and her minor one year child save and except the maintenance amount of Rs. 2000/- per month. The contention raised on behalf of the opposite party no. 2 that the petitioner has independent source of income through sewing training centre, however, the same has not been substantiated besides the petitioner has controverted the above submission. As regards the apprehension shown by the opposite party no. 2 that at Motihari he apprehends danger, it will be open for him to take appropriate steps as permissible under the law for his protection. Considering the facts and circumstances, in the opinion of the Court, it is expedient in the interest of justice that the aforesaid Divorce Case No. 263 of 2010 be transferred to the Court of Principal Judge, Family Court, East Champaran at Motihari. I order accordingly. Let the records of the aforesaid matrimonial case be sent to the Court of Principal Judge, Family Court, East Champaran at Motihari immediately. Both parties are directed to appear before the Court of Principal Judge, Family Court, East Champaran at Motihari on 1st February, 2012 when a fresh date of hearing be fixed. The MJC application accordingly stands disposed of. Let the order be communicated to both the Court of Principal Judge, Family Court, East Champaran at Motihari & Principal Judge, Family Court, West Champaran at Bettiah through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)