IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4219 of 2009 Suman Prasad Versus Dr. Manoj Hari Gupta ---------------------------------- with Miscellaneous Jurisdiction Case No.2338 of 2011 Suman Prasad Versus Dr. Manoj Hari Gupta ---------------------------------- 9 13.12.2011 Heard learned counsels for the petitioner and the opposite party. The M.J.C. No. 4219 of 2009 has been filed for transfer of the Matrimonial Case No. 128 of 2009 filed by the opposite party for divorce pending before the Principal Judge, Family Court at Purnea to the Court of Principal Judge, Family Court at Bhagalpur. The M.J.C. No. 2338 2011 has been filed for transfer of the Miscellaneous Petition No. 1 of 2011 filed by the opposite party for seeking custody of the minor child pending before the Principal Judge, Family Court at Purnea to the Court of Principal Judge, Family Court at Bhagalpur. It is submitted on behalf of the petitioner that on account of some cogent reasons the petitioner is living with her parents at Bhagalpur and earning her livelihood as a teacher with her three year old child. It is further submitted that it is difficult for the petitioner to go to Purnea on the date fixed in the aforesaid cases 2 and stay alone there with her minor child. In other words, it is submitted that it could not be convenient for the petitioner to defend her cases at Purnea. In the above circumstances, it is submitted that the aforesaid cases be transferred from Purnea to Bhagalpur. Mr. Abhay Shankar Singh, learned counsel for the opposite party, on the other hand, submits that although the petitioner is living with her parents and a minor child but in course of her duty she moves alone and therefore it would not be inconvenient for her to attend the aforesaid cases at Purnea. Besides, it is submitted that opposite party also apprehends danger at Bhagalpur since at one instance while going from Purnea to Bhagalpur he was attacked in which he was seriously injured for which a first information report was also lodged, however, police after investigation has submitted the final form. Learned counsel for the petitioner, however, submits that the final form was accepted. Ms. Soni Srivastava, learned counsel for the petitioner submits that the interlocutory application vide I.A. No. 4428 of 2011 is not being pressed. The same is accordingly dismissed as not pressed. Considering the submissions of the parties, as 3 noticed above, it is well settled that in between the inconveniences of the husband and wife, the inconvenience of the wife has to be given preference. Petitioner has specifically stated and submitted that it could be much inconvenience for the petitioner to go from Bhagalpur to Purnea along with her minor child and stay there alone to attend the case on the dates fixed. In view of the above, in my opinion, it is expedient in the interest of justice that the aforesaid Matrimonial Case No. 128 of 2009 and Miscellaneous Petition No. 1 of 2011, both pending before the Principal Judge, Family Court at Purnea be transferred to the Court of Principal Judge, Family Court at Bhagalpur. I order accordingly. Let the records of the aforesaid cases be sent to the court of Principal Judge, Family Court at Bhagalpur immediately. Both the parties are directed to appear before the Principal Judge, Family Court at Bhagalpur on 7th February, 2012 at 10.30 AM when a fresh date of hearing be fixed in both the cases. Both the above MJC applications accordingly stand disposed of. Manish/- ( Shailesh Kumar Sinha,J.)