IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2028 of 2008 1.PRIYANKA PRIYADARSHNI, W/o Prabhanjan Kumar,d/o Sri Kamalendra Kumar Suman 2.Kamalendra Kumar Suman son of late Sudarshan Prasad Deputy Registrar, Lalit Narayan Mithila University Darbhanga Both are resident of Denvi Road, Ward no.6 P.O.Lalbagh P.S. L.N.Mithila University,Dist. Darbhanga --respondent/petitioners Versus PRABHANJAN KUMAR son of late Rajendra Prasad, resident of village Tari Mohalla P.S.Arrah Nagar Dist. Bhojpur at present Commandant B.N.62 C.R.P.F. Koilwar P.S.Koilwar Dist. Bhojpur-petitioner-opp.party ----------- 5. 10.9.2009 Heard learned counsel for the petitioners. No one appears for the opposite party. The petitioners seek transfer of the Matrimonial Case No. 45 of 2008 from the court of Principal Judge, Family Court, Bhojpur at Ara to the court of Principal Judge, Family Court, Darbhanga. It is stated in the petition that a criminal case being L.N.Mithila P.S.Case No. 140/03 under Sections 498A, 323, 342/34 IPC and 3/4 of the Dowry Prohibition Act is pending in the court at Darbhanga. It is further pointed out that the petitioner no.1 had also filed M.R.Case No. 113/07 for grant 2 of maintenance under Section 125 Cr.P.C. in which interim maintenance has been awarded and the said case is also pending in the court of Principal Judge, Family Court, Darbhanga. It is submitted by learned counsel that the present matrimonial case has been filed by the opposite party before the Principal Judge, Family Court, Bhojpur at Ara only to harass the petitioner who had been thrown out from the matrimonial home along with two minor children by the opposite party and his family members. It is further stated that the petitioner no.1, the wife, has no source of income of her own and she is living with her father, petitioner no.2, at Darbhanga and it is difficult for her to go to Ara for the purpose of defending the matrimonial case at Ara. This Court is of the view that the opposite party-husband would have much less inconvenience in attending the Family Court at Darbhanga than it would be caused to the petitioner no.1, a lady with two minor 3 children in attending the Family Court at Ara. Further the opposite party has already appeared in the maintenance case which is pending before the Principal Judge, Family Court, Darbhanga. For the said reasons it would be appropriate that the matrimonial case is also tried by the Family Court at Darbhanga. In the above circumstances, the application is allowed and it is directed that the Matrimonial Case No.45/08 shall stand transferred from the court of Principal Judge, Family Court, Ara to the court of Principal Judge, Family Court, Darbhanga. (Ramesh Kumar Datta,J.) spal/