IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2000 of 2008 Poonam Rai, daughter of Kumud Narayan Rai, resident of village- Dahiya, P.S. Bhagwanpur, District-Begusarai, at present residing at Mohalla- Anandpur, P.S. Town, District-Begusarai…. Petitioner Versus Dr. Sanjeev Kumar, son of Sri Janki Nandan Singh, Resident of village- Devkali, P.S. Guraru, District-Gaya ….. Opp.Party. ----------- 5. 21.07.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party. The petitioner seeks transfer of Matrimonial Case No. 151/08 from the Court of Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, Begusarai. It is stated on behalf of the petitioner that after the petitioner was subjected to torture and misbehaviour by the opposite party and his family members a criminal case being Begusarai (Town) P.S.case No. 393/06 under Sections 498A, 315, 323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act was filed against the opposite party and other accused persons. In the said case charge sheet has been submitted and the matter is pending in the criminal Court at Begusarai. In the said case the opposite party had applied for and has been granted bail by the Court. Subsequently, the petitioner filed a Maintenance Case No. 112(M) of 2007 under Section 125 Cr.P.C. and in the said case the opposite party appeared and filed show cause and thereafter the trial of the case has commenced. It is alleged that after the aforesaid cases were instituted in the years 2006-07, the opposite party filed the above-mentioned Matrimonial Case No. 151/2008 in March, 2008 for declaring the - 2 - marriage as null and void. It is further submitted that the petitioner, being a young lady living at Begusarai with her old ailing father, is unable to come to Patna to make Pairvi in the case. It is further submitted that since the opposite party is already attending two cases at Begusarai since the year 2006 not much inconvenience would be caused to him in making pairvi in Matrimonial Case No. 151/2008 also at Begusarai. Learned counsel for the opposite party, on the other hand, submits that the life of the opposite party and his family members is at threat at the hands of the petitioner and her relations and therefore, the Matrimonial Case No. 151/2008 should not be transferred to Begusarai. This Court does not find any substance in the aforesaid submission of learned counsel for the opposite party. Prima facie, it appears that the said plea has only been taken in order to prevent the transfer of Matrimonial Case at Begusarai. It is evident that the opposite party is already attending Court at Begusarai with respect to the criminal case and the maintenance matter and thus the plea of threat in respect of the matrimonial case does not have much substance. In any case it has been held in a catena of decisions by the Supreme Court and by this Court that in matters relating to dispute between husband and wife inconvenience caused to the lady in pursuing the case in another town or city far from her place of residence would be much grater than the inconvenience caused to the - 3 - husband in similar circumstances and thus in the normal course transfer of cases have been allowed in such matters to the place where the wife is residing. In view of the settled position of law and considering the facts and circumstances of the present case, the transfer application is allowed and it is directed that the Matrimonial Case No. 151/2008 shall stand transferred from the Court of Principal Judge, Family Court, Patna to the Court of Principal Judge, Family Court, Begusarai. S.Pandey (Ramesh Kumar Datta, J.)