IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1257 of 2008 SMT. ASHA KUMARI @ ASHA THAKUR wife of Sri Sujeet Kumar @ Sujeet Thakur, daughter of Sri Shashi Shekhar Jha, Resident of village Raje, P.S.Manigachchhi, District Darbhanga at present resident of Manigachhi, P.S. Manigachhi, District Darbhanga---------------petitioner Versus SUJEET KUMAR @ SUJEET THAKUR son of Sri Dayanand Thakur Resident of village Gandhwari, P.S. Pandaul, District Madhubani, at present resident of Baidyanath Bhawan, Vinoba Nagar, Postalpark, P.S.Kankarbagh, District Patna-------------------------------opp.party ----------- 5. 19.1.2010 Learned counsel for the petitioner is permitted to mention the P.S.Case number and date in paragraph-7 of the application in the course of the day. Heard learned counsel for the petitioner and learned counsel for the sole opposite party. The petitioner wife seeks transfer of Matrimonial Case No. 336 of 2007 filed by the husband seeking divorce from the Family Court, Patna to the court of Principal Judge, Family Court at Darbhanga. The aforesaid matrimonial case was filed about two years after the marriage between the parties, during which period the petitioner gave birth to two daughters. The admitted position is that the marriage took place at Darbhanga which is the permanent place of residence of the father of the 2 petitioner; whereas the husband was also residing in his native village on the border of Darbhanga district in Madhubani district although the husband is now residing at Patna. It is also admitted that after the marriage the couple had last resided at Patna in the house of the petitioner’s father. Subsequently the petitioner has also filed a criminal case under Section 498A and other sections of the Indian Penal Code which is Maniagachhi P.S.case No.15 of 2008 dated 18.2.2008. It is further submitted by the learned counsel for the petitioner that a maintenance case under Section 125 Cr.P.C. has also been filed by the petitioner at Darbhanga. Both the matters are still pending before the Darbhanga courts. Learned counsel for the petitioner submits that the Family Court at Patna has no jurisdiction to entertain the matrimonial case in view of the provisions of Section 19 of the Hindu Marriage Act, 1955 and only the Darbhanga court has jurisdiction over the said matter. It is further submitted by learned counsel that the petitioner being a young 3 lady having two minor daughters aged about 4 years and 2 years respectively, it would be very difficult for her to pursue the matrimonial case at Patna after traveling all the distance from Darbhanga. It is further submitted that since the criminal case and the maintenance case are pending at Darbhanga, the opposite party would in any case have to travel to Darbhanga to pursue the said matters and thus it would be best that all the cases are tried at Darbhanga including the matrimonial case. Learned counsel for the opposite party, on the other hand, submits that since the parties had last resided together at Patna therefore the Patna court does have jurisdiction in the matter. It is further submitted that it would be very inconvenient for the opposite party to pursue the matrimonial case at Darbhanga as most of the witnesses in the matrimonial case reside at Patna. On a consideration of the rival submissions this Court does not accept the submission of learned counsel for the petitioner that the Family Court at Patna has 4 no jurisdiction to try the matrimonial case. It is evident from Section 19(iii) of the Hindu Marriage Act that a matrimonial petition can be filed also in the court within the local jurisdiction of which the parties last resided together. Admittedly the parties had last resided together at Patna and therefore the Family Court at Patna does have jurisdiction to try the matrimonial case. However, it has been laid down in a catena of decisions of the Supreme Court as also by this Court that in matrimonial matters inconvenience caused to the wife, particularly when she has two minor children, in traveling some distance for pursuing the case has to be given much greater weightage than the inconvenience caused to the husband in traveling to another place for pursuing the matrimonial case. Hence, considering the fact that the petitioner is a young lady with two minor daughters and residing with her father at Darbhanga, in the socio economic situation prevailing in the State it would be 5 appropriate that the matrimonial case is tried by the Family Court at Darbhanga. In the above circumstances, the transfer application is allowed and the Matrimonial Case No. 336 of 2007 is directed to be transferred from the Family Court at Patna to the court of Principal Judge, Family Court, Darbhanga. Let the records of the said case be sent expeditiously by the Family Court, Patna to the Family Court at Darbhanga. (Ramesh Kumar Datta,J.) spal/