Baby Devi v. Pawan Kumar

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Respondent/s : Mr. Raj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 5 09-07-2013 Heard learned counsel for the petitioner and the O.P. This case has been filed for transfer of Matrimonial Case No. 684 of 2010 pending in the court of Principal Judge, Family Court, Munger. From the record it appears that already two cases by the petitioner have already been filed vide Com. Case No. 1032C of 2010 for the offences u/s 498A,IPC and ¾ of D.P.Act and another under Section 125 Cr.P.C. which are pending at Munger. Counsel for the petitioner submits that opposite party has been attending the case lying in Munger, hence, it will be in the interest of justice to transfer the present Matrimonial Case No.684 of 2010 to the court of Principal Judge, Munger. He has further submitted that petitioner being a lady having old father, it will cause much inconvenience to her in attending the case at Patna, specially when she has no boarding place at Patna. Patna High Court MJC No.5276 of 2012 (5) dt.09-07-2013 The petitioner is residing nearer to Munger and Munger will be convenient for her to contest the matrimonial case. The opposite party has been attending two cases at Munger and it will not be inconvenient for him to attend the 3rd case there. Counsel for the O.P. submits that these cases have been filed by the petitioner after lodging of case for restitution of conjugal life and, as such, prayer is not substantial and, as such, the court may refuse to transfer the matrimonial case from Patna to Munger. Having heard both the parties this Court is of the opinion that when admittedly two cases are lying at Munger, and petitioner being the husband has been attending and prosecuting those cases, it will not be very difficult for him to attend the 3rd case at Munger. Accordingly, petition allowed Matrimonial Case No. 684 of 2010 pending in the court of Principal Judge, Family Court, Patna is transferred to Principal Judge, Family Court, Munger. Jay/- (Shivaji Pandey, J)