1. Leave granted.
2. Having heard learned Counsel for the parties finally, we find that it is an admitted position that the Petitioner has herself filed a criminal complaint in the Court of the learned Judicial Magistrate, Ist Class, Vaishali at Hajipur. We are also informed that Hajipur is half way between Samastipur where the Respondent-husband resides and Patna where the Petitioner-wife serves as a nurse. When the Petitioner has herself filed a criminal complaint at Hajipur, the appropriate order to be passed is to direct that the Divorce case pending between the parties filed by the Respondent at Samastipur should be transferred to the District Court at Hajipur. The learned District Judge, Hajipur may try the case himself or assign the same to any other Court of competent jurisdiction. Ordered accordingly.
3. The appeal is allowed accordingly. No costs.