IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2718 of 2010 Soni Devi @ Soni Kumari Versus Vikas Patel ----------- 3 26.08.2011 Heard learned counsel for the petitioner. This application is for transfer of the Matrimonial Case No. 256 of 2008 pending before the Principal Judge, Family Court, Bettiah, West Champaran to the Court of Principal Judge, Family Court at Muzaffarpur. It is submitted on behalf of the petitioner that the petitioner has got serious difficulty in attending the case at Bettiah. Petitioner could learn about aforesaid case when the notice of such case was published in the newspaper. The case was placed for ex-party hearing and the witnesses were examined. Petitioner appeared and filed an application explaining the cause for not filing the written statement earlier. The Court below on hearing the parties and considering the application of the petitioner accepted the written statement by order dated 17th February, 2011 taking a liberal view in the matter. Thereafter, witnesses, who were earlier examined, some of them were cross- examined on behalf of the petitioner. Petitioner thereafter filed an application on 4th August, 2011 for recall of other witnesses for their cross-examination. On such petition, the Court below allowed for cross-examination of remaining witnesses fixing 09.09.2011. Considering the submissions of the petitioner as also the fact that the case is in midst of hearing and witnesses are being examined after accepting the written statement of the petitioner, in the opinion of the Court, it is not a fit case for directing the transfer of the aforesaid matrimonial case. The application accordingly stands dismissed. It goes without saying that after cross- examination it will be open for the petitioner to adduce her evidence. Manish/- ( Shailesh Kumar Sinha,J.)