Sunita Kumari vs Chandramani Prasad

B.P. Singh, J.—Despite opportunity given to the opposite party by order dated 5.7.96, no counter affidavit has been filed by him.

This is an application u/s 23 and 24 read with Section 151 of the Code of Civil Procedure, in which the Petitioner, who is the wife of opposite party, has prayed for transfer of Matrimonial (Divorce) case No. 14 of 1995 from the Court of Addl. District Judge, 1st Hilsa (Nalanda) to any other judgeship, preferable the family Court at Patna.

The case of the Petitioner is that she was married to the opposite party at Patna on 24.6.1991. After the marriage, the opposite party became the victim of unwarranted suspicion touching the character of the Petitioner and ultimately, he filed an application for divorce before the Court of District Judge, Nalanda at Bihar-sharif. That case has since been transferred to the Court of Addl. District Judge, 1st at Hilsa. The ground on which the transfer is sought, is that the Petitioner a female and has considerable difficulty in approaching the court at Hilsa. On the other hand, it is argued that there will be no difficulty, so far as the opposite party is concerned, as he can easily take any conveyance to Patna. The opposite party is an agriculturist residing in the District of Nalanda in the Hilsa sub-division. Nalanda being an adjacent district of Patna, in my view, the opposite party will not suffer any serious hardship if he is required to attend Court at Patna. On the other hand, if the Petitioner is required to go to Hilsa, she may-have to suffer serious hardship, particularly, on account of the fact that it is not very safe to travel any more in that area.

Having regard to these facts and circumstances, Matrimonial (divorce) case No. 14 of 1995, pending in the court of Addl. District Judge 1st, Hilsa (Nalanda) is transferred to the family court of Patna.

Let the record be transmitted to the family Court at Patna for further proceeding.

This application thus stands disposed of.