IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3709 of 2010 Hema Rani Versus Kislay Kumar ---------------------------------- 05. 30.11.2011 Heard learned counsel for the petitioner and the Opposite Party. This application is filed for transfer of Matrimonial Case No. 107 of 2010 pending in the court of Principal Judge, Family Court, Muzuffarpur to the court of Principal Judge, Family Court, Patna. Learned counsel for the petitioner submits that petitioner is presently residing with her parents at Patna on account of alleged demand of dowry and torture committed by the Opposite Party for which a criminal case for the alleged offence under Section 498A and other section of the Indian Penal Code has been lodged and is still pending at Patna. Besides the above, petitioner has filed a divorce case vide Matrimonial Case 423 of 2010 which is under trial at Patna and recording of evidences are going on, the Opposite Party has also appeared and contesting the said case. Learned counsel for the Opposite Party Submits that in addition to the criminal case for the alleged offence under Section 498A filed by the petitioner her father has also filed a case for the alleged offence under Section 498A of the Indian Penal Code at Muzuffarpur 2 and prior to that Opposite Party had filed a Matrimonial Case Vide 107 of 2010 for restitution of conjugal rights. Considering the submissions of the parties and their respective pleadings in the opinion of the court, it is expedient in the interest of justice, the aforesaid Matrimonial Case No. 107 of 2010 be transferred to the Court of Principal Judge, Family Court, Patna where the divorce case vide Matrimonial Case No. 423 of 2010 filed by the petitioner is pending for trial and witnesses are being examined. I order accordingly. Let the Matrimonial Case vide 107 of 2010 pending in the court of Principal Judge, Family Court, Muzuffarpur be transferred to the court of Principal Judge, Family Court, Patna. Both the parties may appear before the Principal Judge, Family Court, Patna on 18th of January 2010 when a fresh date of hearing shall be fixed. The M.J.C. application stands disposed of. Jagdish (Shailesh Kumar Sinha, J.)