IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.794 of 2010 ANUPMA KUMARI @ SONI WIFE OF SANJAY PRASAD, D/O GOPAL BISHWAKARMA, RESIDENT OF CHAUK SHIKARPUR, P.S. PATNA CITY CHAUK, DISTRICT- PATNA Versus SANJAY PRASAD SON OF SRI RAGHUNATH PRASAD, RESIDENT OF TARWA MANGARPAL, P.S. DARIAPUR, DISTRICT- CHAPRA ----------- 5 06.09.2011 Heard learned counsel for the petitioner and the opposite party. This is an application for transfer of the Matrimonial Case No. 280 of 2009 (Sanjay Prasad Vs. Anupama Kumari) from the Court of Principal Judge, Family Court at Chapra to the Court of Principal Judge, Family Court at Patna. It is submitted on behalf of the petitioner that as stated in paragraph 3 of the supplementary affidavit that the financial condition of the petitioner is very poor and as such she is not in position to contest the aforesaid case at Chapra. Besides, the parents of the petitioner are also financially very week and unable to accompany the petitioner to attend the aforesaid case at Chapra. It is further submitted that the petitioner is residing with her parents at Patna. It is further contended that the petitioner has also filed a Complaint Case No. A/200 of 2009 against the opposite party for the alleged offence under section 498A and other sections of the Penal Code which is pending in the Court of Additional Chief Judicial Magistrate, Patna City. In the above circumstances, it is submitted that the aforesaid case be transferred to Patna. Learned counsel appearing for the opposite party submits that the opposite party is apprehending danger to his life at Patna from the petitioner. Considering the rival submissions of the parties, it appears that the petitioner has prayed for transfer of the aforesaid matrimonial case from Chapra to Patna on account of her poor financial condition as she has no independent source of income as well as the poor financial conditions of her parents with whom she is residing at Patna, and therefore, she is not in position to contest the aforesaid matrimonial case at Chapra. No counter affidavit has been filed, however, the learned counsel for the opposite party submits that the present case has been filed only to harass the opposite party. Be that as it may, since the ground for transfer of the case is that the petitioner is not in position to attend the case at Chapra as she is residing with her parents who have poor financial condition inasmuch as the petitioner has also no independent financial resources as the petitioner is not even getting any maintenance, and therefore, the contention of the petitioner that in the interest of justice the above case be transferred to Patna has got substance. In view of the above, in my opinion in the interest of justice, the aforesaid case deserves to be transferred from the Court of Principal Judge, Family Court at Chapra to the Court of Principal Judge, Family Court at Patna. It is directed accordingly. Let the records of the aforesaid Matrimonial Case No. 280 of 2009 be sent to the Court of Principal Judge, Family Court at Patna immediately. Both the parties may appear before the Principal Judge, Family Court at Patna on 15th November, 2011 when a fresh date of hearing be fixed. The application accordingly stands disposed of. Let the order be communicated to the Court of Principal Judge, Family Court at Chapra through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)