IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2639 of 2008 Sabita Devi ---Petitioner Versus Anil Kumar Choudhary ---Opposite Party ---------------------------------- 7. 15.12.2011 Heard learned counsel for the petitioner and the opposite party. This application is for transfer of Matrimonial Case No.45 of 2008 pending in the Court of the Principal Judge, Family Court, Aurangabad to the Court of the Principal Judge, Family Court, Patna. The aforesaid matrimonial case was filed by the opposite party for restitution of conjugal rights. Learned counsel for the petitioner submits that the petitioner has a minor child and she is living with her parents at Patna after the opposite party compelled the petitioner to leave her matrimonial home after the birth of the female child sometimes in the year 2003. It is further submitted that it is very inconvenient to the petitioner to go to Aurangabad to attend the aforesaid case alone and also stay there to attend on the dates in the aforesaid case. It is thus submitted that in the above circumstances, the aforesaid matrimonial case deserves to be transferred to Patna. Learned counsel appearing for the opposite party submits that the petitioner has also filed a case under section 125 of the Code of Criminal Procedure claiming maintenance, which is pending before the Principal Judge, Family Court, Patna. As such, it is submitted that the aforesaid matrimonial case, if it is transferred to the Court of Principal Judge, Patna, should also be - 2 - heard side by side with the aforesaid matrimonial case. Considering the submissions of the parties, it is not in dispute that the petitioner is living with her parents along with her minor child at Patna and also there is no relative and reliable person of the petitioner at Aurangabad where she could stay. It is well settled that in the matter of convenience and inconvenience of the parties, convenience of the wife deserves to be given preference. Considering the facts and circumstances of the case, it is expedient in the interest of justice that the aforesaid Matrimonial Case No.45 of 2008 pending in the Court of the Principal Judge, Family Court, Aurangabad be transferred to the Court of the Principal Judge, Family Court, at Patna. I order accordingly. Let the records of aforesaid Matrimonial Case No.45 of 2008 be sent to the Court of Principal Judge, Family Court, Patna immediately. Both the parties are directed to appear before the Court of the learned Principal Judge, Family Court, Patna on 20th of February, 2012 at 10:30 A.M., when a fresh date of hearing be fixed. The M.J.C. application accordingly stands disposed of. PNM (Shailesh Kumar Sinha, J.)