IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.432 of 2010 RUBY SINGH WIFE OF SRI SHANKAR NANDAN PRASAD SINGH RESIDENT OF MANGAL JYOTI, NEW LALHI TOLA, RAJENDRA PATH,P.O.+P.S. GANDHI MAIDAN, DISTRICT - PATNA Versus SHANKAR NANDAN PRASAD SINGH, S/O LATE GIRIJA NANDAN PRASAD SINGH, VILLAGE – ATHARI, P.O. +P.S. RUNISAIDPUR, DISTRICT – SITAMARHI AT PRESENT RESIDING AT ATHARI HOUSE. ---------------------------------- 04. 02.09.2011 Heard learned counsel for the petitioner. Pursuant to the notice of this case, the Opposite Party has appeared, however, no show cause/counter affidavit has been filed on his behalf. This application has been filed for transfer of Matrimonial Case No. 169 of 2008 pending in the court of Principal Judge, Family Court, Muzuffarpur to the court of Principal Judge, Family Court, Patna. Learned counsel for the petitioner submits that marriage of the petitioner was solemnized with the opposite party on 17.06.2004 according to the Hindu rites and customs at the residence of her parent’s house at Patna. It is further submitted that on account of serious physical and mental torture, petitioner is living with her parents at Patna where she gave birth 2 to a female child. It is further submitted that petitioner has no financial resources to attend the court at Muzuffarpur with her minor child because she is living with her father who is aged about 80 years and her mother has already died. It is further submitted that petitioner is not getting maintenance, as such, petitioner has filed a Maintenance Case No. 19 of 2009 in the court of Principal Judge, Family Court, Patna in which notices have been issued to the Opposite Party and he has appeared. The said case is pending till date. Learned counsel for the opposite party submits that he is always ready to keep the petitioner with him. However, the assertion of the petitioner is that he is living with her old father who is aged about 80 years and there is no financial resources to maintain her minor child as also attend the court at Muzuffarpur is not denied. Considering the submissions of the parties and on perusal of the averments made in the petition, it is expedient in the interest of justice, that the above Matrimonial case 169 of 2008 pending in the court of Principal Judge, Family Court, Muzuffarpur be 3 transferred to the court of Principal Judge, Family Court, Patna. I order accordingly. The records of the aforesaid matrimonial case be sent to the court of Principal Judge, Family Court, Patna immediately. Both the parties may appear before the court of Principal Judge, Family Court, Patna in connection with Matrimonial Case No. 169 of 2008 on 28th of October 2011, when a fresh date of hearing be fixed. The M.J.C. application stands disposed of. Let a copy of this order be communicated to the court of Principal Judge, Family Court, Muzuffarpur through FAX on the cost being deposited by the petitioner. Jagdish ( Shailesh Kumar Sinha, J.)