JUDGMENT 1. - The applicant, Smt. Teena Choudhary, has submitted this transfer application for seeking transfer of Case No. 154/2009, Surendra Kumar Bijraniya v. Teena Choudhary , pending before the District Judge Sikar to Jodhpur. 2. The learned counsel for the applicant, Mr. Javed Hussain, has vehemently contended that there is a matrimonial dispute which is existing between the parties. While the applicant has filed a case for offences under Sections 498A, 406 IPC before the Courts at Jodhpur, the respondent husband had filed an application under Section 9 of the Hindu Marriage Act before the District Judge Sikar. However, the applicant and her four years son are living with her father. The applicant's mother has expired earlier. Therefore, in case she is required to travel from Jodhpur to Sikar, there is no one who can look after Floating Frame her small child. Moreover, she is presently working as teacher in Central School, Jodhpur. Therefore, she finds it very difficult to seek leave from the school in order to attend the court dates. Furthermore, Jodhpur and Sikar are not too well connect and the distance is almost 300 Kms. Hence, it is difficult for her to travel between the two places. Meanwhile, the case initiated by her against the respondent-husband is pending at Jodhpur. The respondent does come to Jodhpur to attend the case at Jodhpur. Thus, it will be more convenient for him to attend both the cases at Jodhpur. 3. By order dated 03.05.2012, this Court had directed the Deputy Registrar (Judl.) to send a reminder to the respondent, Surendra Kumar, informing him that despite the service of notice upon his father, neither he, nor a counsel of his choice has appeared before this Court. It was made abundantly clear that in case the respondent or his counsel does not appear on the next date, this court shall have no other option but to pass ex-parte order against them. Despite the reminder so sent to the respondent, and despite the case being listed on three different occasions, the respondent has failed to appear before this court either personally or through his counsel. Hence, this Court has no option but to proceed exparte against the respondent-husband. 4. The courts have to be sensitive to the difficulties being faced by the litigants.
Hence, this Court has no option but to proceed exparte against the respondent-husband. 4. The courts have to be sensitive to the difficulties being faced by the litigants. Admittedly, the applicant has a small child of four years, who needs to be looked after by her 3 mother. In case she has to travel to Sikar, but for her father there is no one in the family who can look after the welfare of the child. Moreover, the applicant is working in Central School and it may be difficult for her to seek leave from the school. Furthermore, it would be difficult for the applicant to travel the long distance between Sikar and Jodhpur. Therefore, it will be in the interest of justice to transfer the case, namely Civil Suit No. 154/2009, Surendra Kumar v. Teena Choudhary to the Family Court at Jodhpur. 5. The District Judge Sikar is directed to send the file of Civil Suit No. 154/2009 Surendra Kumar v. Teena Choudhary to the Family Court at Jodhpur.The transfer application is, hereby, allowed.Petition allowed. *******