1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER
: S.B.CIVIL TRANSFER PETITION NO.52/2014 Smt.
Naseem Bano (Rani) versus Mehboob Ali Khan Date of Order :: 30.10.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.M.S.Sheikh, for the petitioner.
Mr.Haider Agha, for the respondent.
---- BY THE COURT: Heard learned counsel for the parties.
The petitioner wife has filed the present transfer petition under Section 24 CPC seeking transfer of proceedings pending before the Family Court No.1, Jodhpur to the Family Court, Bundi, inter alia, with the averments that she is a resident of Bundi; has a small girl child to look after; distance between Bundi to Jodhpur is about 550 Kms.; the frequency of buses from Bundi to Jodhpur is low and, therefore, she is required to stay at Jodhpur overnight.
It is further indicted that already proceedings under Section 498-A Cr.P.C.and the proceedings initiated by her under the provisions of Protection of Women from Domestic Violence Act, 2005 are also pending at Bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the Family Court, Bundi.
2 A reply to the transfer petition has been filed by the respondent, inter alia, indicating that he is a Government Servant and is serving in Govt.
Hospital at Balesar and it becomes difficult to him to seek leave for attending the court at Bundi.
It is further indicted that the petitioner has four brothers and a father and she can conveniently appear before the Family Court at Jodhpur and mere inconvenience is not a sufficient ground for transfer of the case.
Both the learned counsel made submissions in terms of the plea raised in the transfer petition and the reply.
I have considered the rival submissions.
It is not in dispute that two matrimonial disputes initiated by the petitioner are pending before judicial forums at Bundi between the parties.
It is also not in dispute that the petitioner is required to look after the minor girl child and distance between Bundi to Jodhpur even as per the counsel for the respondent is not less 350 KMs.and, therefore, the averments regarding inconvenience to the petitioner cannot be said to be baseless in the present facts and circumstances.
So far as the plea raised by learned counsel for the respondent regarding the petitioner having four brothers and a father to look after her is concerned, the petitioner cannot be left to the mercy of her father and brothers for the purpose of accompanying her and, therefore, the same cannot be a reason for denying her inconvenience.
In view of the above discussion, the transfer petition filed by the petitioner is allowed.
The Civil Original Case No.142/2013 3 (Mehboob Ali Khan v.
Smt.
Naseem Bano) pending before the Family Court No.1, Jodhpur is ordered to be transferred to the Family Court, Bundi.
The parties are directed to remain present before the Family Court, Bundi on 25.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under Section 498-A Cr.P.C.).It is expected of the Family Court, Bundi to fix the dates in the matter keeping in view the date fixed in the other matrimonial disputes.
The Family Court No.1, Jodhpur is directed to immediately transmit the record to the Family Court, Bundi.
The stay petition stands disposed of.
(ARUN BHANSALI).J.
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