IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.235 of 2009 SMT. DR. DIVYA SINGH WIFE OF DR. SANJAY KUMAR RAO, D/O DR. ARJUN KUMAR SINGH, RESIDENT OF MOHALLA- TILKAMANJHI NEAR D.M. KOTHI, IN GIRIJA MUKESHWAR COLONY, P.S. BARARI TOWN & DISTRICT-BHAGALPUR. Versus DR. SANJAY KUMAR RAO, SON OF SRI RAJENDRA PRASAD RAO JAGDAMBA MARKET AT KURJI MOD, P.S. DIGHA, TOWN & DISTRICT PATNA. ----------- 9. 19.8.2009. Petitioner-wife has filed this application for transfer of Matrimonial Suit No.731 of 2008 filed in the court of Principal Judge, Family Court, Patna to the court of Principal Judge, Family Court, Bhagalpur on the ground that the cause of action for restitution of the marriage between the petitioner and the opposite party never arose at Patna. The further ground in support of the transfer petition is that inconvenience is being caused to the petitioner-wife, as it is submitted on her behalf that to contest the restitution application, she and her daughters have to come to Patna on every date fixed in the matter by the Principal Judge, which is causing great inconvenience to the mother and the daughters. Learned counsel for the husband- - 2 - N.H./ opposite party submits that the petitioner- wife deserted the opposite party at Patna in the circumstances, application for restitution of conjugal rights was filed at Patna as before the desertion, the wife and husband lived together at Patna. Such fact is being disputed by the counsel for the wife. As according to him, the parties never resided together at patna. Two rival submissions on facts can only be investigated by Principal Judge after opportunity to lead evidence in the matter. Accordingly, while dismissing the transfer petition, I grant liberty to the petitioner-wife to raise the question of jurisdiction in the court below and this transfer application is, accordingly, dismissed. ( V.N. Sinha,J.)