IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1892 of 2008 Smt. Bibha Kumari Versus Kishore Kumar Gupta ----------- 6 15.11.2011 This application is for transfer of Matrimonial Case No. 23 of 2007 filed by the opposite party against the petitioner for dissolution of marriage pending in the Court of Principal Judge, Family Court at Samastipur to the Court of Principal Judge, Family Court at Patna. Despite service of notice neither the opposite party has appeared nor any objection has been filed. It is contended on behalf of the petitioner that the petitioner, a poor lady having no independent source of income, was subjected to cruelty, harassment and torture at the hands of the petitioner and his family members for demand of dowry and other things which compelled her to live with her parents at Patna. It is further contended that for the aforesaid acts of the petitioner and his family members a criminal case under section 498A of the Indian Penal Code was lodged vide Khagaul P.S. Case No. 26 of 2006 pending in the Court of Judicial Magistrate, Ist Class, Danapur. Besides, as the petitioner was not in a position to maintain herself for paucity of money a maintenance case under section 125 Cr.P.C. vide Maintenance Case No. 31(M) of 2007 was filed against the opposite party which is pending in the Court of Additional Principal Judge, Family Court at Patna in which the opposite party has already appeared and contesting the case. Learned counsel further submits that as stated in the supplementary affidavit, for the petitioner there is no place to stay at Samastipur to contest the aforesaid matrimonial case filed by the opposite party and it is equally not possible for the petitioner to live in a hotel alone. Considering the submissions and the grounds for transfer of the aforesaid matrimonial case as stated in the main application as also the supplementary affidavit, it is expedient in the interest of justice that the aforesaid Matrimonial Case No. 23 of 2007 pending in the Court of Principal Judge, Family Court at Samstipur be transferred to the Court of Principal Judge, Family Court at Patna. I order accordingly. Let the records of the aforesaid matrimonial case be sent to the latter Court immediately without delay. Parties may appear before the Principal Judge, Family Court at Patna on 17th January, 2012 when a fresh date of hearing be fixed. The MJC application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)