IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1874 of 2009 KAVITA DEVI Wife of Satish Kumar, resident of village Maner, P.S. Maner District Patna, At present residing with Chakeshwar Prasad, resident of Mahadeo Road near Fakir Chand Gali, P.S. Arrah Sadar, District Bhojpur. . . . . . Petitioner. Versus SATISH KUMAR, son of Shri Sheo Prasad, resident of village Maner, P.S. Maner District Patna. . . . . . . Opposite Party. ----------- 6/ 31.08.2010 Heard learned counsel for the petitioner and the Opposite party. In the instant application, the petitioner prays for transfer of Matrimonial case no. 250 of 2009 filed by opposite party, Satish Kumar, from the court of Principal Judge, Family Court, Patna to the court of Principal Judge, Family Court, Bhojpur at Ara. Learned counsel for the petitioner submits that the petitioner is a helpless woman and there is no source of income. He further submits that there is no one to escort her to Patna Court, as such she has prayed for transfer of the case to Bhojpur, Arrah. It is further stated that it will not cause any prejudice to the petitioner, as opposite party is resident of Maner, which is not far from Arra. The petitioner has relied upon the decisions in case of Suresh Paswan Vs. The Union of India & Ors., reported in 2009(1) PLJR 242 and in case of Rajani Kishore Pradeshi Vs Kishore Babu Lal Pardeshi, reported in (2005) 12 SCC 237. A counter affidavit has been filed on behalf of opposite party. The opposite party in counter affidavit has stated that matrimonial case has been filed for declaration of marriage as void, as the same was solemnized under coercion. In paragraph 6, it has 2 been stated that the girl used to behave abnormally. In paragraph 8, it has been stated that the local doctor namely Dr. Umakant Singh diagnosed her as a case of Psychiatric disorder and advised the deponent to consult a psychiatrist. She was also taken to RINPAS, Kanke, Ranchi. The father of petitioner has filed a case being Maner P.S. case no. 190 of 2009. In paragraph 13 of the counter affidavit, it has been stated that if the matrimonial case is transferred to Ara he apprehends threat to himself and his witnesses. Heard counsel for the parties, it is well settled that in matter regarding the transfer of Matrimonial case convenience of wife is to be preferred over that of her husband. The Hon’ble Apex Court in case of Rajni Kishore (Supra) directed for transfer the case in Satna, noticing that wife had neither financial capacity to contest the petition at Mumbai nor she has any one to take her there in the case, on the dates fixed. It would appear from the pleadings that petitioner is staying in Ara with her parents and opposite party is resident of Maner. It has been submitted by the petitioner that Ara would be hardly 22 Miles from Maner. In such circumstances, if the case is transferred to Ara court it will cause lesser inconvenience to opposite party, vis-à-vis inconvenience to petitioner, if it is allowed to remain at Patna. It would further appear from the counter affidavit of the opposite party that the petitioner is suffering from psychiatric disorder and as such on this count also she will have a preferential claim for transfer of case to Ara court from Patna court. Regular strains of traveling to Patna from Ara and back may aggravate her admitted psychiatric disorder. 3 As such, I find that the petitioner has made out a case for transfer of the case from Principal Judge, Family Court, Patna to that of Principal Judge, Family Court, Ara. Thus, I direct for transfer of this Matrimonial case being Matrimonial case no. 250 of 2009 pending before the Principal Judge, Family Court, Patna to Principal Judge, Family Court, Ara. Before parting with the judgment, this Court would like to observe that the Principal Judge, Family Court, Ara would take all steps to ensure that the witnesses brought by the opposite party is not in any manner either victimized or terrorized from deposing in the case. With the aforesaid observation, this application is allowed. Uday/ (Samarendra Pratap Singh, J.)