ARTI DEVI Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THIS application has been filed to transfer the matrimonial case no. 23 of 2006 from Jehanabad to the Family Court at Patna. Notices issued to the Opposite Party have been received on 4.11.2007. Opposite Party had not chosen to appear but has addressed a letter to this court which is flag -"X".

(2.) IT is admitted by both the parties that the Opposite Party was married to the petitioner on 13.3.2002 and they have a son, who was born on 16.12.2002. The Opposite Party filed a case for restitution of conjugal rights and in his application has stated that he works in a church as a social worker and also says that his wife refused to live with him at the address given in the application and filed the matrimonial case no. 23/2006 stating that although he is a resident of Mohalla Murli Hill, P.S. Kotwali in the district of Gaya he is presently residing at Tehta Math P.S. Makhdumpur, District -Jehanabad where he is working with the church and therefore, he has filed a case at Jehanabad. Learned counsel appearing on behalf of the petitioner submits that the petitioner cannot attend the court at Jehanabad as she has no source of income and it is very difficult for her to travel on each and every date to Jehanabad with a small child and as such prayed to transfer the case to the Patna Family Court.

(3.) AT this stage, it would be relevant to refer to the letter which was sent by the Opposite Party to the court after receiving the notice which was served on him on 4.11.2007. The present letter has been received in this court on 12.11.2007 i.e. after service of notice which speaks volumes about the attitude of the Opposite Party. In the said letter the complaint of the Opposite Party is that while he was in Patna on 3.11.2007 the brother of the petitioner assaulted him and also threatened him by saying that he, the Opposite Party should withdraw the suit bearing no. 23/2006.