IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.280 of 2007 KUMARI BABITA SINGH @ BABITA KUMARI, WIFE OF RAM AWADH SINGH, DAUGHTER OF BANARASHI SINGH, RESIDENT OF VILLAGE SAHUKA, P.S. RAMGARH, DISTRICT KAIMUR (BHABHUA). ---- PETITIONER Versus RAM AWADH SINGH, SON OF SRI BHAGIRATHI PRASAD SINGH, PERMANENT RESIDENT OF VILLAGE AMETH, P.O. BHITTI, P.S. MOHANIA, DISTRICT KAIMUR (BHABHUA). AT PRESENT RESIDING AT MOHALLA SOUTH MANDIRI, P.S. BUDHA COLONY, DISTRICT PATNA. ---- OPPOSITE PARTY ----------- 31 6.4.2011 This application has been filed for transfer of Matrimonial Case No. 142 of 2006 from the Family Court at Patna to the Family Court at Bhabhua, District Kaimur. The opposite party was working as an Advocate Clerk in the High Court. The parties were called in Chambers so that the matter could be settled. They lived together for quite some time. However, it is apparent that the husband has again deserted his wife and has refused to maintain her or have anything to do with her. Counsel for the opposite party has no instructions in this matter and in fact submits that he has not been able to trace the client since quite some time. During the proceedings, this Court on examination of the lady concerned as well as her guardians, came to the conclusion that in fact she was facing great financial constraints and obviously could not travel on each and every date to Patna to attend the case for restitution of conjugal rights. It would not be proper for this Court to make any comment as the records of this case speak for themselves. However, considering the fact that the petitioner comes from a financially poor background and obviously would not be able to pursue the 2 case filed by her husband at Patna, this Court orders that the Matrimonial Case No. 142 of 2006 should be transferred to the Family Court at Bhabhua, District Kaimur. Before parting this order, I may mention that the petitioner had appeared personally in court after she was deserted during the pendency of this case to state that she is willing to compromise the matter if proper settlement is made in her favour by the opposite party. This stand can be considered by the Family Court at Bhabhua, District Kaimur during the proceedings. This application is thus, allowed. Sanjay ( Sheema Ali Khan, J.)