ORDER U.C. Maheshwari, J. 1. This petition is directed under section 24 of the Code of Civil Procedure by the applicant for transferring the Civil Suit No. 19/05 initiated by the respondent in the Court of Additional District Judge, Chhatarpur to the District Court, Damoh for adjudication. 2. The applicant has contended in her application that she was married with the respondent and of this wedlock they have one child, aged one year who is residing with the applicant at Damoh with the parents of the applicant. As per applicant's contention subsequent to marriage she was subjected to cruelty on the ground of demand of dowry by the non-applicant and his family members and in this regard she was physically and mentally tortured also. It is also alleged that the respondent and his family members tried to kill her. In an information she was brought by her father through search warrant issued by the A.D.M., Damoh and thereafter she is residing with the parents at Damoh. 3. It is further pleaded that at the instance of the applicant, a criminal case under sections 307, 498-A, 34 of the Indian Penal Code and under sections 3 and 4 of the Dowry Prohibition Act was also registered by the Police Damoh in which the non-applicant and other persons have been charge-sheeted. Subsequent to it, the respondent has filed an application under section 9 of the Hindu Marriage Act before the Second Additional District Judge, Chhatarpur as Civil Suit No. 19/05 for restitution of conjugal right in which the notice for appearance dated 21-4-2005 was served on the applicant. The applicant seeks transfer of the said case of Chhatarpur to District Court, Damoh on the ground that the respondent and his family members are resident of Chhatarpur and have enmity with the applicant and if she goes to Chhatarpur for attending the case regularly, then any unhappy incident may take place against her and also alleged that she is getting regular threats on telephone which was also reported to the S. P. Damoh and a copy of the report is also submitted in this regard. Her further ground is that in her parents family no competent adult member is available who may bring her along with her child on every date of hearing to Chhatarpur which is around 225 k.m. far off from Damoh. Her further ground is that in her parents family no competent adult member is available who may bring her along with her child on every date of hearing to Chhatarpur which is around 225 k.m. far off from Damoh. During the course of arguments her counsel has submitted that she is not only afraid but she has financial problem also and in all these circumstances she prays for transfer of the case, as stated above. 4. The said application is supported by an affidavit of the applicant along with police report and other papers. According to the record, no reply of this application has been submitted by the respondent. These un-rebutted aforesaid contentions are on record in favour of the applicant. 5. Learned counsel for the respondent submitted that the presence of the applicant would not be required on each and every date of hearing in the aforesaid case and, therefore there is no need to transfer the case from Chhatarpur to Damoh, and also submits that if this Court comes to conclusion that such case should be transferred from Chhatarpur to Damoh, then in that circumstance the interest of the respondent be also safeguarded and the case be transferred to Sagar or any other place except Damoh, where the applicant is residing with her father. 6. On considering the aforesaid submission, it appears that at the instance of the present applicant a Criminal Case under sections 307, 498-A of Indian Penal Code as said above, was registered and as per un-rebutted allegations she was subjected to cruelty at Chhatarpur and brought by search warrant and she has one year old infant with her and also having no source of earning and no-one is at Damoh who can bring her to Chhatarpur on every date of hearing of the said case. It is undisputed fact that Chhatarpur is far off from Damoh. So in these circumstances she cannot be insisted to go to Chhatarpur or anywhere else to contest the matter initiated by the non-applicant except to District Court, Damoh. 7. My aforesaid view is based on decision of the Apex Court in the matter of Seema v. Rakesh Kumar reported in 2000 (9) SCC 271 , in ich it is held as under :- This is a transfer petition filed by the wife. 7. My aforesaid view is based on decision of the Apex Court in the matter of Seema v. Rakesh Kumar reported in 2000 (9) SCC 271 , in ich it is held as under :- This is a transfer petition filed by the wife. She seeks the transfer of the proceedings for restitution of conjugal rights filed by the husband in Ghaziabad (U.P.) to Jagadhri (Haryana) where she now resides. It is her case that she cannot defend the case in Ghaziabad effectively as she is dependant on her father. The maintenance petition that she has filed is pending and it is pending in the Court at Jagadhri. The defense case is that since she has filed her appearance in the matrimonial proceedings at Ghaziabad, her claim of lack of finance and other inability to defend those proceedings is incorrect. We do not appreciate this submission. The wife could not have permitted the petition for restitution of conjugal rights to go undefended before she filed the transfer petition. Having regard to the fact that, admittedly, she is not getting any maintenance from the husband, her financial difficulties are established. 8. The aforesaid view at the occasion was followed by this Court in M.C.C. No. 656/02 in the matter of Smt. Sarita Dixit v. Rajendra Prasad Dixit, @ Guddu and by passing the order, the matrimonial proceeding was transferred from District Judge Satna to District Judge, Damoh where the wife was residing. The facts and circumstances with slight difference are the same in the case at hand. Thus, this application deserves to be and is hereby allowed. 9. In view of the aforesaid, it is directed that the Original Civil Case No. 19/05 (Ravi Gupta v. Smt. Vandana Gupta) pending before Second Additional District Judge Chhatarpur be transferred to the District Judge, Damoh for trial and adjudication. 10. Both the Courts be intimated in this regard.