SMT. HUSN BANO Vs. AHAMAD HUSSAIN @ BABLU

JUDGEMENT

(1.) The present application under Section 24 of the Code of Civil Procedure has been filed by the petitioner, seeking transfer of Case No.193/2015 titled as "Ahamad Hussain @ Bablu Vs. Smt. Husn Bano" filed by the respondent-husband for restitution of conjugal rights, pending before learned Family Court No.1 from Jodhpur Metropolitan, Jodhpur to Family Court, Udaipur.

(2.) Shorn of unnecessary details, the facts appertain to the present transfer petitioner are that the petitioner's marriage was solemnized on 12.06.2012 at Nasirabad Distt. Ajmer, whereafter the petitioner and the respondent lived together till November, 2013. However, their matrimonial relationship got strained and the petitioner has come to live with her parents at Udaipur. Mr. Bharat Shrimali, learned counsel appearing for the petitioner in support of this application contended that the petitioner has a minor daughter of about three years and it is cumbersome for the petitioner to come to Jodhpur to participate in the proceedings of present case filed for restitution of conjugal rights. He added that the journey from Udaipur to Jodhpur not only involves costs but time also, as Udaipur is about 300 kms from Jodhpur. Mr. Parvez, learned counsel appearing for the respondent, on the other hand submitted that the respondent living in Jodhpur is engaged in painting work and with the limited resources available to him, he would find it difficult to attend the hearing at Udaipur, if the present case is transferred.

(3.) Looking to the over all facts and circumstances obtaining in the present case, particularly keeping in view that other two cases filed by the petitioner against the husband though filed after the institution of the present case No.193/2015 are pending at Udaipur, it would be in the interest of justice and expedient that the present case be transferred to Udaipur.