IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.916 of 2010 1. SANA LARI D/O NAJMUL HODA LARI R/O MOHALLA- GHAZI RAUZA, NEW COLONY, P.S.- TIWARIPUR, DISTT. AND TOWN OF GORAKHPUR (UTTAR PRADESH). 2. NAJMUL HODA LARI S/O LATE NIAJ AHMAD LARI R/O MOHALLA- GHAZI RAUZA, NEW COLONY, P.S.- TIWARIPUR, DISTT. AND TOWN OF GORAKHPUR (UTTAR PRADESH). 3. ZAFRULLAH LARI S/O LATE ABDUL RAJJAQUE R/O MOHALLA- GHAZI RAUZA, NEW COLONY, P.S.- TIWARIPUR, DISTT. AND TOWN OF GORAKHPUR (UTTAR PRADESH). 4. ISTIAQUE AHMAD S/O LATE MOJIBULLAH R/O MOHALLA- GHAZI RAUZA, NEW COLONY, P.S.- TIWARIPUR, DISTT. AND TOWN OF GORAKHPUR (UTTAR PRADESH). ----------Defendants/Petitioners Versus 1. SHAMSUL HAI S/O LATE ABDUL HAI R/O MOHALLA- RAJENDRANAGAR, GULAB BAGH, P.S.- SADAR, DISTT. AND TOWN OF PURNEA. -------Plaintiff/Opposite Party ----------- 3 16.03.2011 Heard Mr. Gyanand Roy learned counsel for the petitioners. Despite service of notice and also filing of Vakalatnama on behalf of the sole opposite party, no one has appeared to oppose the prayer of the petitioners. In this connection, the prayer of the petitioners for transfer of the Title Suit No. 19 of 2009 filed by the plaintiff opposite party from the Principal Judge, Family Court, Purnea to the court of Principal Judge, Family Court, Siwan is based primarily on the ground of convenience of the petitioners who claimed to be permanent residents of town and district of Gorakhpur 2 in Uttar Pradesh. Though Mr. Roy has also tried to make submission on merits for projecting a picture that the petitioner no.1 is an unmarried girl and an altogether false case has been lodged by the plaintiff opposite party claiming to be married to the petitioner no.1 but, then, this Court, in absence of any counter affidavit or opposition to the prayer of the petitioner by plaintiff opposite party as also taking into consideration the position of the weaker side, the alleged wife, would direct for transfer of the Title Suit No. 19 of 2009 from the court of Principal Judge, Family Court, Purnea to the court of Principal Judge, Family Court, Siwan. Let the records of the concerned case be also immediately sent from the court of Purnea to the court of Siwan and it is expected that the transferee court at Siwan will do needful to conclude the case at the earliest possible time. This application is accordingly allowed. Rsh (Mihir Kumar Jha, J.)