ABIDA BANO Vs. FIROZ KHAN

JUDGEMENT

(1.) The present transfer application has been moved by the petitioner-wife seeking transfer of petition filed by the respondent- husband under Section 3 of the Dissolution of Muslim Marriage Act, 1939 being Civil Misc. Case No. 80/2019 (Firoz v. Smt. Abida) pending in the Court of Civil Judge, Suratgarh to the Family Court, Bikaner, District Bikaner, by invoking Section 24 of the Code of Civil Procedure.

(2.) Heard.

(3.) Learned counsel for the petitioner-wife submits that the petitioner got married as per the Muslim Law with the respondent- husband on 16.05.2008 at Bikaner. From the wedlock, a daughter was born on 15.02.2009. The petitioner went to her matrimonial home because of the marital discord between the parties. The petitioner along with her minor daughter is staying with her parents at Bikaner because of the strained relationship between the parties. The litigation is also pending between the parties in the Courts of law at Bikaner. However, the respondent-husband has preferred an application for divorce in the Court of Civil Judge, Suratgarh which is pending adjudication. He further submits that since the petitioner is having no source of earning and is having responsibility of a minor daughter, aged 06 years it is very difficult for her to travel from Bikaner to Suratgarh for attending the Court's proceedings in the petition filed by the respondent. There is no other person in the family to assist the petitioner. The respondent-husband is already attending the proceedings pending at Bikaner.