SUMAN KUMARI @ PINKI Vs. BHUPENDRA KUMAR YADAV @ BHUPEN

JUDGEMENT

(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. 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 alongwith 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.

(2.) 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.

(3.) 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.