JUDGMENT D.M. Dharmadhikari, J. 1. This is an application by the wife for transfer of divorce proceedings-Case No, 120 of 1987, pending against her in the Court of the Additional District Judge, Kharai, to the appropriate Court at Bhopal. 2. The non-applicant has filed divorce petition at Khurai against the applicant-wife. The Counsel for the applicant in support of her case for transfer of the case stated that the wife is a vey poor lady with no source of income. She has a child of about two years She has lost her father and the mother is 70 years of age. It was stated that the marriage between the parties took place at Bhopal and the wife resides at Bhopal Court has, therefore, undoubtedly jurisdiction to try the matrimonial proceedings. 3. The learned Counsel for the applicant placed reliance on the decision in Jagatguru Shri Sankaracharya Jyotish Peethadhishwar Shri Swami Swaroopanand v. Ramji Tripathi Lal Bihari Tripathi & others, (1979 M.PLJ. 305) in support of her contention that one of the factors for transfer is convenience of the parties. The husband is reported to be in railway service and being a salaried person can as and when necessary under take journey to Bhopal, but so far as the wife is concerned, she will have to undertake the journey with her small child and one escort. 4. On the transfer petition, notice was issued to the opposite party, but none appeared. The application for transfer is thus not opposed. In the matrimonial cases like this where one party is poor and with no apparent source of income and help to attend the hearings at a place where the case is instituted, the Court has power to transfer the proceedings in the interest of justice. It is true that the husband who is posted at Bina may find some inconvenience in attending the proceedings at Bhopal but compared to him the inconvenience that would be caused to the wife would be greater. 5. The application for transfer is, therefore allowed. The case pending in the Court of Additional District Khural (Case No. 120/87) is hereby transferred to the Court of District Judge Bhopal, who shall himself try the same allot to any other Judge as per the distribution memorandum. The transferee Court shall issue fresh notices of hearing to the parties.
5. The application for transfer is, therefore allowed. The case pending in the Court of Additional District Khural (Case No. 120/87) is hereby transferred to the Court of District Judge Bhopal, who shall himself try the same allot to any other Judge as per the distribution memorandum. The transferee Court shall issue fresh notices of hearing to the parties. Since the matter is held up at Khural as a result of the stay granted by this Court, vide order dated 9.3.1990, the transferee Court shall make all endeavour to dispose of the Case expeditiously in terms of the provisions of the Hindu Marriage Act. Since the opposite party is not represented there Shall be no order as to costs.