IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.907 of 2010 Bindu Kumari Versus Sanjay Kumar Gupta ---------------------------------- 04. 12.08.2011 Heard learned counsel for the petitioner and Mr. Praveen Kumar, learned counsel appearing for the Opposite Party No. 1. This application has been filed for transfer of Matrimonial Suit No. 102 of 2009 filed by the Opposite Party No. 1 from the court of Principal Judge, Family Court, East Champaran, Motihari to the Court of Principal Judge, Family Court, Muzuffarpur. It is submitted on behalf of the petitioner that she has no independent source of income for her livelihood and as such, she is compelled to live at her parent’s house at Muzuffarpur. It is further submitted that on account of dowry and torture, petitioner has filed a complaint case for the alleged offence under Section 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act which is pending in the court of S.D.J.M., Muzuffarpur, East. Besides the above, petitioner has also filed a maintenance case at Muzuffarpur and as such, in the above circumstances, the aforesaid matrimonial suit filed by the Opposite Party – husband deserves to be transferred to the court of Principal Judge, Family Court, Muzuffarpur. On the other hand, learned counsel for the Opposite Party upon filing the counter affidavit submits 2 that the allegation of demand of dowry and torture is absolutely incorrect and the petitioner is a daughter of a well of businessman. However, the assertion of the petitioner that she has no independent source of income and as such she is not in a position to attend the court at Motihari is not disputed. Considering the submissions of the parties and their respective pleadings, it would appear that the grounds put forth by the petitioner for seeking transfer of the petition is sufficient and as such, let the Matrimonial Suit No. 102 of 2009 pending before the court of Principal Judge, Family Court, East Champaran, Motihari be transferred to the court of Principal Judge, Family Court, Muzuffarpur and also the records of the aforesaid matrimonial suit be sent to the court of Principal Judge, Family Court, Muzuffarpur immediately. Both the petitioner and the Opposite Party are directed to appear before the court of Principal Judge, Family Court on 28th of September 2011, when a fresh date of hearing would be fixed. Accordingly, the M.J.C. application stands disposed of. Jagdish ( Shailesh Kumar Sinha, J.)