IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.853 of 2010 ====================================================== 1. Nigar Fatma @ Negar Fatima wife of Saiyed Babal Ali, daughter of Syed Asgar Ali Rizavi @ Syed Asgari Rizavi. 2. Syed Asgar Ali Rizavi @ Syed Asgari Rizavi, son of Syed Akhtiyar Abbas Rizavi, Both are resident of Gopal Pur, Balua Chawck, P.S. Motihari, Town, Distt. East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar 2. Saiyed Babar Ali, son of late Saiyed Mohammad Jafar Husain, resident of Mohalla – Kajami Begam Coloney, P.S. Khajkela, Distt. Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 25-06-2012 The petitioners seek transfer of Matrimonial Case No. 677 of 2009 from the Court of Principal Judge, Family Court, Patna, to the Court of Principal Judge, Family Court, Motihari, East Champaran. It has been submitted that the Petitioner No. 1 was married with the Opposite Party No. 2 several years ago but on account of non fulfillment of demand of dowry, she was tortured and ousted from her matrimonial home. She then filed a Complaint Case No. C – 2282 of 2009 before the Chief Judicial Magistrate, Motihari, East Champaran. She also filed the Maintenance Case No. 367 of 2009 under Section 125 Cr. P.C. Further submission is that in her destitute condition, it would difficult for her to travel from Motihari to Patna on each and every date and it would be in the interest of parties that the Patna High Court MJC No.853 of 2010 (4) dt.25-06-2012 2 / 2 2 Maintenance case and the present Suit be heard together. Even though, notices had been issued to the Opposite Party No. 2 and he has appeared through a duly executed Vakalatnama, but none appears on his behalf. Considering the circumstances emerging in the case and the condition of the petitioners it would be in the interest of justice that the present case be heard along with Maintenance Case No.367 of 2009 pending before the Principal Judge, Family Court, Motihari, East Champaran.. Accordingly, let the Matrimonial Case No. 677 of 2009 pending in the Court of the Principal Judge, Family Court, Patna, be transferred to the Court of the Principal Judge, Family Court, Motihari, East Champaran. It is expected that the Principal Judge, Family Court, Motihari, will dispose off the matter within next nine months on priority basis after giving due notice to the parties. He will also keep in mind the inconvenience of the Opposite party in appearing on each date and will dispense with his personal appearance if he is not required to be personally present. Application stands allowed. S.Ali (Anjana Prakash, J.)