IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.973 of 2009 INDIRA SINGH W/O Dr. Umesh Kumar Singh, D/O Shri Krishna Shankar Singh at present residing at Station Road, Mohania, P.S. Mohania, District-Kaimur at Bhabhua Versus DR.UMESH KUMAR SINGH, S/O late Kameshwar Prasad Singh, Sambika Path, New Dillioan, P.S. Dehri-on-Sone, District- Rohtas. ----------- 7. 15.12.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party. The petitioner seeks transfer of Matrimonial Suit No. 13 of 2006/ 1 of 2006 from the Court of the Principal Judge, Family Court, Aurangabad to that of the Principal Judge, Family Court, Kaimur at Bhabhua. The ground on which the transfer has been sought is that no cause of action arose at Aurangabad, as admittedly the petitioner-wife and the opposite party-husband after their marriage resided in the District of Rohtas, which fact is stated in the petition of matrimonial suit itself. It is further submitted that as many as two cases filed by the petitioner against the opposite party ; one under Section 125 Cr.P.C. being Maintenance Case No.9 of 2009 and the other under Section 9 of the Hindu Marriage Act being Matrimonial Case No. 53 of 2009 for restitution of conjugal life, are pending before the Principal Judge, Family Court, - 2 - Kaimur at Bhabhua. Apart from the same another criminal case filed by the petitioner against the opposite party is pending in the District of Kaimur itself arising out of Mohania P.S. Case No.206/2007 under Sections 498A, 341, 323, 406, 406, 419 and 376 of the Indian Penal Code. It is, thus, submitted that since the opposite party has to attend these three cases at Bhabhua, no inconvenience would be caused to him, if the Matrimonial case filed at Aurangabad is transferred to Bhabhua. Lastly, it is stated by learned counsel for the petitioner that she and her relatives are being threatened and harassed and when she goes to Aurangabad for taking steps in the matrimonial case. Learned counsel for the opposite party, on the other hand, submits that even if the issue of jurisdiction is accepted, then the case should be transferred to the Principal Judge, Family Court Rohtas and not to Bhabhua. It is further submitted by him that the petitioner is a veteran litigant and she and her relatives will involve the opposite party in more and more criminal and other cases if he has to go to Bhabhua for attending the present matrimonial case. - 3 - Lastly, learned counsel for the opposite party submits that the entire scheme of the petitioner is somehow or the other to delay the disposal of the matrimonial case. On a consideration of the facts and circumstances of the case, this Court does not find much force in the submission of learned counsel for the opposite party. So far as the question of transfer of matrimonial suit to Bhabhua is concerned, since the opposite party has already to attend the Court at Bhabhua in three cases not much difference would be made, if the present matrimonial suit is pursued at Bhabhua. In fact, it is admitted by learned counsel for the petitioner that the Court at Bhabhua is only 60 K.M. from Aurangabad, where the opposite party resides at present and thus the same would not cause any serious inconvenience to the opposite party, if he has to attend the Court there. Moreover, since two matters between the parties are already being considered by the Principal Judge, Family Court, Kaimur, Bhabhua it would be appropriate that the present matrimonial suit is also heard and disposed of by him. So far as the question of being involved - 4 - by the opposite party in criminal and other cases is concerned, since he is already pursuing three cases and has to go to Bhabhua for the said purpose not much difference can arise on that account. For the aforesaid reasons, the transfer application is allowed and Matrimonial Suit No. 13 of 2006/ 1 of 2006 is directed to be transferred from the Court of the Principal Judge, Family Court, Aurangabad to the Principal Judge, Faimily Court, Kaimur at Bhabhua. Let the records of the said case be sent within a period of two weeks from the date of receipt of communication from this Court by the Aurangabad Court to the Family Court at Bhabhua. It is further directed that the Principal Judge, Family Court Kaimur at Bhabhua shall make all efforts to dispose of the matrimonial suit within a period of six months from the date of transfer of the records to his Court. VPS ( Ramesh Kumar Datta, J. )