IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2455 of 2009 Smt.Rashmi Kumari ----------------Petitioner Versus Ritesh Kumar --------------Opp. Parties ----------- 6. 21.9.2011 Heard learned counsels Mr. Pramod Kumar for the petitioner and Mr. Bindhyachal Singh for the opposite party. This application is for transfer of Matrimonial Case No.241 of 2004 (Ritesh Kumar Vs. Rashmi Kumari) pending in the court of the Additional Principal Judge, Family Court, Patna to the court of Principal Judge, Family Court, Begusarai. It is submitted on behalf of the petitioner that there is great hardship and difficulty for the petitioner in attending the court at Patna from Begusarai as she has no independent source of income and she is living with her parents at Begusarai. The father of the petitioner is a retired employee and the mother is working as a Teacher in a Primary School at Begusarai. In the above circumstances, it has been prayed that the above case be transferred, as prayed for. Mr. Bindhyachal Singh, learned counsel appearing for the opposite party, on the other hand, submits that the petitioner is appearing in the aforesaid matrimonial case and on her application an amount of Rs.5,000/- has been directed to be paid to her as maintenance and by now total maintenance amount, including the arrears, to the tune of Rs.1,95,000/- has been paid. Learned counsel further submits that in the aforesaid matrimonial case after filing of the pleading of the parties, issue has been settled and case is posted for evidence. As regards the financial constraint of the petitioner, it has - 2 - been submitted by the learned counsel for the opposite party that besides the payment of Rs.5,000/- per month as maintenance, the opposite party is prepared to bear an expense and shall pay a sum of Rs.1200/- on each date when the petitioner appears in person and written communication to that effect is made to the court below while taking steps in the case. Mr. Pramod Kumar, learned counsel for the petitioner submits that in view of the submissions of the opposite party, the present application for transfer is not being pressed and this application may be disposed of in terms of the aforesaid undertaking of the counsel on behalf of opposite party. Considering the submissions of the parties, as noticed above, the present application for transfer stands disposed of with the direction to the court below to conclude the aforesaid matrimonial case expeditiously, preferably within a period of six months on receipt/production of the certified copy of the present order. As per the undertaking noted above, the opposite party is to pay a sum of Rs.1200/- (Twelve hundred) on each of the dates when the petitioner appears in person in the aforesaid matrimonial case at Patna and written communication to that effect is made to the court below while taking steps in the said case. The above transfer application stands disposed of with the above observations/directions. No costs. PNM (Shailesh Kumar Sinha, J.)