Judgment 1. This application has been filed for transfer of Misc. Case No. 316 of 2005, arising out of Matrimonial Case No. 99 of 2004 (6/2004) from the Court of Principal Judge, Family Court, Gaya to the Court of Principal Judge, Family Court, Patna. Opposite Party the husband of the petitioner has filed matrimonial case for dissolution of marriage. The matrimonial case was dismissed for default on 23.8.2005. For restoration, Misc. Case No. 316 of 2005 has been filed which is pending before the Principal Judge, Family Court, Gaya. The facts which has been brought on record by the petitioner would show that she will not be able to contest the case at Gaya is satisfactory. The order of the Principal Judge, Family Court, Patna dated 28.1.2005 passed in Misc. Case No. 316 of 2005 is an example of this fact that the petitioner apprehends danger at the hands of opposite party and from his family members if she will go to Gaya to contest the matrimonial case. The order dated 28.1.2005 passed in Misc. Case No. 316 of 2005 indicates that in presence of the Presiding Judge opposite party had assaulted this petitioner and for such act opposite party has been convicted under sec. 228 of the Indian Penal Code and sentenced for one month imprisonment and fine. The petitioner while living with the opposite party was tortured by the husband and family members. She has also made an allegation that her father-in-law committed rape on her. Petitioner has already been examined as P.W. 4 in Sess. Trial arising out of Rampur RS. Case No. 59 of 2001 as such she is no further needed to go to Gaya for contesting any pending cases. 2 Counsel appearing for opposite party has submitted that he also apprehends danger in contesting the case at Patna as brothers of the petitioner have criminal history and they may put his life in danger. In support of his case opposite party has annexed Annexure-D which is F.I.R. of Civil Line RS. Case No. 113 of 2003. This F.I.R. has been instituted against the brother, mother and other family members of the petitioner alleging assault on the opposite party. The petitioner has brought the charge-sheet submitted in this case to show that the case has been found to be false. 3. Case No. 113 of 2003. This F.I.R. has been instituted against the brother, mother and other family members of the petitioner alleging assault on the opposite party. The petitioner has brought the charge-sheet submitted in this case to show that the case has been found to be false. 3. I do not find that the apprehension which has been indicated by opposite party in attending the court at Patna has been substantiated by any document. Considering all these facts prayer of the petitioner for transferring Misc. Case No. 316 of 2005 arising out of Matrimonial Case No. 99 of 2005 (6 of 2004) pending in the Court of Principal Judge, Family Court, Gaya is allowed. The Principal Judge, Family Court, Gaya is directed to transfer the case to the Court of Principal Judge, Family Court, Patna. The Principal Judge, Family Court, Gaya will transmit the record of the case forthwith to the Court of Principal Judge, Family Court, Patna. Accordingly this application is allowed.