ORDER

1. HEARD THE LEARNED COUNSEL FOR THE PARTIES.

2. KEEPING IN VIEW THE FACT THAT MOST OF THE WITNESSES WHO ARE TO BE EXAMINED ON BEHALF OF THE RESPONDENT ARE RESIDENTS OF KOTIYAN IN THE DISTRICT OF MUZAFFARPUR, BIHAR, WHERE THE PETITIONER ALSO RESIDES WITH HER FATHER, WE ARE OF THE OPINION THAT INTEREST OF JUSTICE WILL BE SUBSERVED IF HMA CASE NO. 42 OF 2004, TITLED MANOJ SHAH V. SARITA DEVI PENDING IN THE COURT OF ADDITIONAL AND SESSIONS JUDGE, SIRSA (HARYANA) IS TRANSFERRED TO THE FAMILY COURT AT MUZAFFARPUR, BIHAR AND WE DIRECT SO.

3. IT IS STATED AT THE BAR THAT THE RESPONDENT HEREIN IS ALSO FACING TRIAL IN A CRIMINAL CASE ARISING OUT OF CRIMINAL COMPLAINT NO. 1399 OF 2004, PENDING IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, MUZAFFARPUR. IN THAT VIEW OF THE MATTER, WE REQUEST THE FAMILY COURT AT MUZAFFARPUR TO ACCOMMODATE THE PETITIONER BY FIXING A DATE OF HEARING IN SUCH A MANNER SO THAT IT MAY COINCIDE WITH THE DATE OF CRIMINAL CASE. WE FURTHER REQUEST THE FAMILY COURT TO CONSIDER THE DESIRABILITY OF HEARING THE MATTER ON A DAY-TO-DAY BASIS. IN THE EVENT THE RESPONDENT PRODUCES HIS WITNESSES AS ALSO HIMSELF FOR EXAMINATION, THEY MAY BE EXAMINED ON A PRIORITY BASIS. ON SUCH OCCASION(S) THE PETITIONER SHALL NOT SAVE AND EXCEPT FOR VERY COGENT REASONS, PRAY FOR ANY ADJOURNMENT.

4. THE TRANSFER PETITION IS ALLOWED WITH THE AFOREMENTIONED DIRECTIONS AND OBSERVATIONS.