GURUSHARAN SHARMA,J. - (1.) HEARD the parties. Petitioner No. 1 was married with the opposite party on 25.11.1993 at Madhupur within Deoghajr District in the State of Bihar (now newly created State of Jharkhand) and a child -petitioner No. 2 was born out of their wed lock on 1.9.1994. Admittedly maternal house of petitioner No. 1, where her parents are residing, is at Arrah in the State of Bihar. It is said that on 12.2.1997 she left her matrimonial house at Madhupur for her maternal house at Arrah along with her mother and the infant daughter petitioner No. 2 and never returned.
(2.) ON 3.8.2001 opposite party filed Matrimonial Case No. 67 of 2001 in the Court of District Judge Deoghr for divorce by dissolution of marriage under the provisions of the Hindu Marriage Act, 1955(hereinafter referred to as 'the Act'). Petitioners appeared in the said case. The present application has been filed by the petitioners under Section 23(3) of the Code of Civil Procedure for transfer of the aforesaid matrimonial case from the Court of District Judge, Deoghar in the State of Jharkhand to the Court of District Judge. Arrah within the State of Bihar on the ground that they were not in a position to contest the said case at Deoghar, which is around 300 kilometers away from Arrah, where they were residing. There was also threat to petitioner No. 1 by the opposite party at Deoghar. Father of petitioner No. 1 was an ailing person and his brother was not in a position to take them to Deoghar on each and every date fixed in the case.
(3.) AS per provisions of Section 19 of the Act the opposite party could have filed the present case either at Deoghar, where the marriage was solemnized or at Arrah, where the petitioners at the time of filing of the case were residing.;