IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2162 of 2007 Indu Devi, D/o Bimal Prasad Singh, Residing at Village- Daud Nagar Chakgarho, P.S. Bidupur, District- Vaishali Versus Paras Nath Rai, son of Shri Hit Narayan Ray, Resident of Village- Isupur (Naval Tola Aami) P.S. Dighwara, District-Saran. ----------- 8. 12.1.2010 Mr. Chakradhari Sharan Singh, Advocate, who has filed Vakalatnama for the sole opposite party along with another Advocate, states that he has been subsequently advised by the opposite party not to appear in the matter as he does not intend to contest the matter. Heard learned counsel for the petitioner. The application has been filed for transfer of Divorce Case No. 143/2003 from the Court of the Principal Judge, Family Court, Saran at Chapra to the Court of the Principal Judge, Family Court, Vaishali at Hajipur. It is submitted by learned counsel for the petitioner that the said divorce case was filed under Section 13B of the Hindu Marriage Act by forging the signature of the petitioner as the petitioner had never given any consent for filing of an application for divorce by mutual consent and the same has been filed by playing fraud. It is further submitted that a Maintenance Case No. 254/2004 under Section 125 Cr.P.C. has also been filed at Hajipur by the petitioner which is still pending and the opposite party would be required to attend the Court at Hajipur for that purpose. It is also stated that another Complaint Case No. 842/2002 in which cognizance has been taken under 2 Sections 498A and 379 IPC as also Section 4 of the Dowry Prohibition Act is pending before the Court of Sub-Divisional Judicial Magistrate, Vaishali at Hajipur. So far as the opposite party is concerned, it is stated that he is an employee of the Railways posted outside the State and thus no inconvenience would be caused to him whether he has to attend the Court at Chapra or at Hajipur. In the aforesaid facts and circumstances and further considering the fact that the opposite party has not come forward to contest the matter, as also the settled legal position that in such matter the convenience of the wife is to be given greater weightage than that of the husband, it is directed that Divorce Case No. 143/2003 shall stand transferred from the Court of Principal Judge, Family Court, Saran at Chapra to the Court of Principal Judge, Family Court, Vaishali at Hajipur. The transfer application is accordingly allowed. S. Pandey ( Ramesh Kumar Datta, J.)