IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1981 of 2007 NEELAM BHARTI @ SANGEETA Versus KUMAR NAGMANI @ PAPPU ----------- Advocates for the petitioner :- Mr. Satya Narayan Mishra Mr. Ram Niwas Prasad Mr. Sanjay Kumar Mishra Advocate for the opposite party :- Mr. Kinkar Kumar 7 16.9.2008 This application has been filed for transferring Matrimonial Case No. 37 of 2006 pending in the Family Court, Nalanda at Biharsariff to the Family Court at Patna. The facts of the case are that the petitioner was married to the opposite party on 26.5.1996 and she has two daughters out of the wed-lock. In the year 2004 she was ousted from her house and having no option, she has come to her father’s house where she is living with her two daughters. The father of the petitioner is a retired person and she has great difficulty in maintaining her two daughters and herself. It has further been stated that the opposite party has married another lady and the marriage certificate is annexed to the application which is filed before this Court as annexure-1. Learned counsel for the petitioner 2 submits that due to the financial constraint and the fact that the petitioner has two daughters who are very young, she finds it very difficult to attend the Court on each and every day. It is submitted that sometimes she has to leave her daughters behind and if she travels with them, it is extra financial burden on her and her children get sick and tired travelling to Nalanda. Learned counsel for the petitioner also brings on record the fact that the petitioner has filed two criminal cases in the Court at Patna which are Complaint Case No. 3532 of 2006 and 1873C of 2006. It is submitted that the opposite party has to come to attend the Court at Patna for the purposes of pursuing those cases. This Court finds that in the facts of this case, it is a fit case where the petitioner’s convenience has to be considered by this Court and having considered, this Court directs that Matrimonial Case No. 37 of 2006 pending before the Principal Judge, Family Court, Nalanda at Biharsariff is transferred to the Principal Judge, Family 3 Court at Patna. The Principal Judge, Family Court, Nalanda is directed to send the records of the Matrimonial Case No. 37 of 2006 to the Principal Judge, Family Court, Patna. This application is accordingly allowed. Sanjay (Sheema Ali Khan, J.)