IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1061 of 2010 Renu Devi wife of Mritunjay Singh alias Sanjay Singh, resident of village, P.O. & P.S. – Basantpur, District- Siwan, at present resident of village and P.O.- Sikati Bhikham, P.S. Masharakh, District- Siwan Versus Mritunjay Singh @ Sanjay Singh son of Late Kashinath Singh, resident of village Basantpur ( Babu Tola) P.O. & P.S.- Basantpur, District- Siwan ----------- 4 21.09.2011 Heard learned counsel for the petitioner. No one appears for the opposite party, however, a counter affidavit has been filed on his behalf. This is an application for transfer of Matrimonial (Divorce) Case No. 91 of 2008 from the Court of Principal Judge, Family Court at Siwan to the Court of Principal Judge, Family Court, Saran at Chapra. It is stated and submitted on behalf of the petitioner that on account of demand of dowry and torture the petitioner was driven out of her matrimonial house, and as such, petitioner is residing with her widow mother in a nearby village of Chapra. It is the case of the petitioner that she has no independent source of income nor there is anyone to accompany her and stay at Siwan to attend the aforesaid case on different dates. It is contended that on account of demand of dowry the petitioner filed Complaint No. 1292 of 2006 for the offences under section 498A and other sections of the Indian Penal Code as also sections 3 & 4 of the Dowry Prohibition Act. In the said case the opposite party herein was convicted and a criminal appeal against the conviction is pending before the Sessions Court at Chapra. It is further submitted that since the petitioner has no independent source of income, a maintenance case has also been filed against the opposite party at Chapra. Besides the above, it is submitted that the opposite party is also residing with his family members in a nearby village of Chapra and as such it would be convenient for both the parties to attend the Court at Chapra instead of Siwan. It is accordingly submitted that the aforesaid matrimonial case deserves to be transferred to Chapra, as prayed for. As noticed above, no one has appeared on behalf of the opposite party, however a counter affidavit has been filed on its behalf. In the counter affidavit the stand of the petitioner that she has no independent source of income and living with her widow mother is not denied, however, it has been stated that the petitioner had filed the matrimonial case with incorrect facts and in fact she wants to live separately with the opposite party at Delhi where he is working. It is further stated in the counter affidavit that prior to the filing of the divorce case in question, Matrimonial Case No. 4 of 2007 was filed for restitution of conjugal rights which resulted in compromise, however the matter could not be settled on account of serious differences due to the involvement of the brother of the petitioner who was not happy with the compromise and the brother of the petitioner forcibly took the petitioner to her parent’s house and having failed to settle the matter, the aforesaid matrimonial case was filed. Considering the submissions of the petitioner also the averments made in the counter affidavit, it is not in dispute that the petitioner is residing at her parent’s house at a place nearby Chapra and she has no independent source of income to attend the aforesaid matrimonial case at Siwan nor she has any place to stay at Siwan where she could go and live alone on the date fixed in the case. It is well settled that in the matter of matrimonial dispute the convenience of the wife has to be given preference. Considering the application for transfer in the aforesaid context, this Court finds it expedient in the interest of justice that the aforesaid Matrimonial (Divorce) Case No. 91 of 2008 pending before the Principal Judge, Family Court at Siwan be transferred to the Court of Principal Judge, Family Court, Saran at Chapra. I order accordingly. Let the records of the aforesaid matrimonial case be sent to the transferee Court immediately. Petitioner may appear before the Court of Principal Judge, Family Court, Saran at Chapra on 29th November, 2011 when a fresh date of hearing be fixed. The MJC application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)