IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4179 of 2009 Nayan Tara, D/O Sri Nath Singh, R/O Mohalla- Block Road, P.S.- Raxaul, Distt.- East Champaran --- Petitioner Versus Yogendra Kumar, S/O Shri Satrugan Singh 'Rampuri', R/O Vill.- Rampur, P.S.- Surajgarha, Distt.- Lakhisarai ---Opposite Party ---------------------------------- 3. 6.9.2011 Heard learned counsel for the petitioner and the opposite party. This is an application for transfer of Guardianship Case No.2 of 2009 (Yogendra Kumar Vrs. Nayan Tara) pending in the court of the Additional District Judge, Fast Track-II, Lakhisarai to the court of the Principal Judge, Family Court, East Champaran at Motihari. It is submitted on behalf of the petitioner that the matter of guardianship is with respect to the minor daughter of the petitioner. It is further submitted that the petitioner is residing with her parent at Raxaul in the district of East Champaran and for want of any independent source of income as also in absence of any person to accompany her to attend the case at Lakhisarai, it becomes very difficult for the petitioner to participate in the above proceedings. Learned counsel further submits that there are two cases—one under section 498A of the Penal Code and another for maintenance under section 125 of the Code of Criminal Procedure—pending against the opposite party at Motihari. In the above circumstances also, aforesaid guardianship case be - 2 - transferred from Lakhisarai to the competent court at Motihari. Learned counsel appearing for the opposite party submits that the opposite party has no objection to the transfer. However, the case may be disposed of at the earliest. Considering the submissions of the parties and the grounds for transfer as submitted on behalf of the petitioner, let the aforesaid Guardianship Case No.2 of 2009 (Yogendra Kumar Vrs. Nayan Tara) pending in the court of the Additional District Judge, Fast Track-II, Lakhisarai be transferred to the court of the District and Sessions Judge, East Champaran at Motihari for disposal. The District Judge may either dispose of the case or transfer the same to any competent court. Let the records of aforesaid Guardianship Case no.2 of 2009 be sent to the District and Sessions Judge, East Champaran at Motihari immediately. The petitioner and the opposite party, both, are directed to appear in the court of the District Judge, East Champaran at Motihari on 15th of November, 2011, when a fresh date of hearing be fixed. The M.J.C. application stands disposed of. Let the order be communicated to the District and Sessions Judge, Munger for immediate communication and needful to the court of the Additional District Judge, Fast Track Court-II, Lakhisarai, through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)