IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.787 of 2009 Reena Devi ----Petitioner Versus Shashi Bhushan Kumar@Shashi Bhushan Ram ----Opposite Party ---------------------------------- 5. 16.12.2011 Heard learned counsel for the petitioner and the opposite party. This application is for transfer of Matrimonial Case No.432 of 2008 pending in the Court of the Principal Judge, Family Court, Patna for restitution of conjugal rights filed by the opposite party to the Court of the Principal Judge, Family Court, Jehanabad. Learned counsel for the petitioner submits that due to ill-treatment meted out by the opposite party, the petitioner is compelled to live at Jehanabad where a criminal case for an offence under section 498A and other section of the Penal Code and under section 27 of the Arms Act was filed by the petitioner vide Complaint Case No.268 of 2008. The same is still pending before the Magistrate at Jehanabad in which the opposite party has appeared. Learned counsel for the petitioner further submits that the petitioner is living with her parents at Jehanabad and she has no independent source of income. It is further submitted that it is very inconvenient to the petitioner to go to Patna alone and also stay there to attend on the dates fixed in the aforesaid case. In the above circumstances, it is submitted that the aforesaid matrimonial case for restitution of conjugal rights deserves to be transferred to the Court of the Principal Judge, Jehanabad. - 2 - Learned counsel for the opposite party opposes the prayer and filed a counter affidavit. It is stated that a maintenance case as also a divorce case filed by the petitioner in Jehanabad has been dismissed. The opposite party is still prepared to keep the petitioner with him. However, he is not in a position to refute the allegation of the petitioner that she has no independent source of income to maintain her and attend the Court at Patna in the aforesaid matrimonial case. The fact alleged by the petitioner that a criminal case is pending at Jehanabad is not in dispute. Considering the submissions of the parties, it is an admitted position that the petitioner has no independent source of income and she is living with her parents at Jehanabad and also there is a criminal case against the opposite party at Jehanabad where the opposite party had appeared in the said case. It is well settled that in between the convenience and inconvenience, convenience of the wife deserves to be given preference. Considering the facts and circumstances of the case, it is expedient in the interest of justice that the aforesaid Matrimonial Case No.432 of 2008 pending in the Court of the Principal Judge, Family Court, Patna deserves to be transferred to the Court of the Principal Judge, Family Court, Jehanabad. I order accordingly. Let the records of aforesaid Matrimonial Case No.432 of 2008 be sent to the Court of Principal Judge, Family Court, Jehanabad immediately. Both the parties are directed to appear before the Court - 3 - of the learned Principal Judge, Family Court, Jehanabad on 14th of February, 2012 at 10:30 A.M., when a fresh date of hearing be fixed. The M.J.C. application accordingly stands disposed of. PNM (Shailesh Kumar Sinha, J.)