NASEEM BANO (RANI) Vs. MEHBOOB ALI KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) 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 498a 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.

(3.) 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.