IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17403 of 2008 SHAISTA USMANI Versus THE STATE OF BIHAR & ANR 3 22.12.2008 This application has been filed for transfer of the Matrimonial case no. 52/06 pending in the court of the Principal Judge, Family Court, Muzaffarpur. Heard learned counsel for both the parties. The aforesaid Matrimonial case has been filed by the opposite party against the petitioner for restitution of conjugal rights. It is submitted by the learned counsel for the petitioner that some of the cases are pending in Darbhanga in between the parties. The petitioner is also residing in Darbhanga. The petitioner being a lady will be put considerable hardship if she contests the case at Muzaffarpur. He further submits that in similar circumstances the Apex Court has allowed transfer of the case in a case of Gurpreet Kaur @ Rinky vs Vipin Kumar Gupta reported in 2008 (1) PLJR 50(SC). Having regard to the facts and circumstances of the case, this application is allowed. The Matrimonial case no. 52/06 pending in the court of the Principal Judge, Family - 2 - Court, Muzaffarpur is hereby directed to be transferred to the court of the Principal Judge, Family court, Darbhanga who shall dispose of the case at the earliest. shahid (Ghanshyam Prasad, J)