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2013 DIGILAW 849 (PAT)

Suman Kumari @ Pinki v. Bhupendra Kumar Yadav @ Bhupen

2013-07-19

SHIVAJI PANDEY

body2013
ORDER 1. Heard learned counsel for the petitioner and the O.P. In this case, petitioner is making a prayer for transfer of M.M. Case No. 121 of 2011 pending in the court of Principal Judge, Family Court, Saharsa to the Principal Judge, Family Court, Patna. 2. It is undisputed fact that the petitioner is wedded wife of O.P. The marriage was solemnized on 8th February 2000 but the same could not run smoothly, allegation has been made of brutal assault and bad treatment effort made to kill the petitioner by O.P. Parents of petitioner have died, she has been living in a rented house in Patna along with her children. Petitioner for misbehaviour and assault filed a case vide Budha P.S.Case No.26 of 2009 u/s 494 and 498A IPC which has been disposed in terms of granting of maintenance of Rs. 4,000/- and the same has been stopped. Another maintenance case, vide Maintenance Case No. 167(M) of 2011 for daughter has been filed which has regularly been attended by O.P. paying Rs.4,000/- per month to the petitioner. 3. Counsel for the petitioner submits that it is very difficult for her to attend the case at Saharsa as the O.P. has stopped payment of maintenance, it is not possible rather impossible for her to go to Saharsa and attend the case. It will be in the interest of justice this case be transferred from Saharsa to Patna. He has further submitted that the O.P. has been attending the maintenance case at Patna and, as such, he cannot have any grudge or opposition to attend the case on transfer at Patna. 4. Counsel for the O.P. has stated that he has no objection to transfer the case from Saharsa to any other court except Patna as he apprehends danger to his life at Patna and, as such, case may be transferred anywhere except at Patna. 5. Counsel for the O.P. submits that there will be no difficulty for the petitioner to attend the case at Saharsa as she is still working at Supaul at Kasturba School which has been refuted by the counsel for the petitioner. Counsel for the petitioner submits that the petitioner has left the job. 6. 5. Counsel for the O.P. submits that there will be no difficulty for the petitioner to attend the case at Saharsa as she is still working at Supaul at Kasturba School which has been refuted by the counsel for the petitioner. Counsel for the petitioner submits that the petitioner has left the job. 6. Having considered the rival contention of the parties, as the O.P. is attending the maintenance case at Patna, this court fails to consider the logic of making prayer to place the anywhere in the State of Bihar, except at Patna. O.P. is a man of Police service and has been attending the maintenance case at Patna and he has not lodged ever any case showing any apprehension of danger from the side of petitioner. This cannot be basis to take the plea that it will be very difficult for him to attend the case at Patna as at present the O.P. is posted at Buxar. 7. In this view of the matter, in the interest of justice the Matrimonial Case No. 121 of 2011 pending in the court of Principal Judge, Family Court, Saharsa is transferred to the court of Principal Judge, Patna. 8. Accordingly, this petition is allowed. 9. However, it is desirable that the family court will try to dispose of the matter without any delay.