IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.262 of 2010 Sulekha Devi Versus Ram Pravesh Ram @ Ram Pravesh ---------------------------------- 03. 30.08.2011 Heard learned counsel for the petitioner. The Opposite Party has appeared pursuant to the notice of this case. However, no show cause/counter affidavit has been filed on his behalf. This application has been filed for transfer of Matrimonial Case No. 45 of 2009 pending in the court of Principal Judge, Family Court, Kaimur (Bhabhua) to the court of Principal Judge, Family Court, Patna. Learned counsel for the petitioner submits that petitioner has serious financial crisis and she has no independent source of income, save and except, the maintenance which is being paid pursuant to the order passed in Maintenance Case No. 44(M) of 2009 pending in the court of Principal Judge, Family Court, Patna in which the Opposite party has appeared. Learned counsel for the opposite party submits that in the divorce case petitioner has appeared and filed her written statement and as such, he can contest the case at 2 Kaimur (Bhabhua). However, he is not in a position to refute the submissions made on behalf of the petitioner that she has no independent source of income and there is no place of stay at Kaimur (Bhabhua). So that she can contest the case at Kaimur (Bhabhua) Considering the submissions of the parties and on perusal of the averments made in the petition, it is directed that the above Matrimonial case 45 of 2009 pending in the court of Principal Judge, Family Court, Kaimur (Bhabhua) be transferred to the court of Principal Judge, Family Court, Patna and also 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. 45 of 2009 on 19th of October 2011, when a fresh date of hearing be fixed. Jagdish ( Shailesh Kumar Sinha, J.)