ORDER

1. Heard parties.

2. This is the wifes petition for transfer of Case No. 67 of 2003 titled Sujit Kumar v. Smita Sinha from the IVth Additional District Judge, Gaya, Bihar to the Court of District Judge, New Delhi.

3. The petitioner wife claims that she has a 1 V2-year-old daughter whom she cannot leave alone or take to Gaya. She also claims that she has no independent source of income to meet the travelling, lodging and boarding expenses. In reply it is submitted that the petitioner is living with her father in Patna and that proceedings had been adopted by her before the Bihar State Women Commission wherein her address was shown to be in Patna.

4. We have heard the parties. In the petition it has been stated that the petitioner had to shift to Delhi. The reasons given for so shifting are disputed facts with which we are not concerned in this petition. However, the fact remains that she has shifted to Delhi and she has a small child who cannot be left alone.

5. We, therefore, allow the transfer petition. Case No. 67 of 2003 is transferred from the IVth Additional District Judge, Gaya, Bihar to the District Judge, Delhi who shall either hear it himself or assign it to some oth