JUDGMENT 1. - This transfer application has been filed by Smt.Asha seeking transfer of petition filed by non-applicant under Section 9 of the Hindu Marriage Act for restitution of conjugal rights bearing case No.73/2011 pending in the court of Additional District Judge, Khetari to Family Court, Jodhpur. 2. It is submitted in the application that the marriage of the applicant took place with non-applicant on 17.4.2000 at Kalganv and out of their wedlock a female child born on 25.8.2007. It is further submitted that after marriage, applicant was harassed by her husband and in-laws on account of demand of dowry. She was also given ill- treatment. The applicant submitted that just to harass her, the non-applicant has filed the petition under Section 9 of the Hindu Marriage Act in the court of Additional District Judge, Khetri. The learned counsel for the applicant contended that the applicant is not in a position to travel all the way Jodhpur to Khetri, that too, carrying her daughter. It is also submitted that nobody is there to assist her in traveling to Khetri. Hence, it is prayed that the petition under Section 9 of the Hindu Marriage Act may be transferred from the court of Additional District Judge, Khetri to Family Court, Jodhpur. 3. The learned counsel for non-applicant has vehemently opposed the transfer application on various ground including the ground that this Court has no jurisdiction to transfer the case from Khetri to Jodhpur. 4. The learned counsel appearing for the applicant has relied upon the orders of coordinate Bench of this Court passed in S.B.Civil Transfer Petition No.29/2004 (Jyoti Sharma v. Himanshu Sharma), decided on 2.9.2004 ; S.B.Civil Misc. Transfer Petition No.31/2003 (Smt.Sunita @ Jahanavi v. Pankaj Asnani), decided on 16.1.2004 ; S.B.Civil Misc.Transfer Petition No.01/2001 (Smt.Rajiya Sultana v. Mohd. Arif), decided on 3.12.2001 and S.B.Civil Misc.Transfer Application No.52/2008 (Smt.Rekha Gupta v. Dr.Vivek Gupta), decided on 6.7.2009 . 5. Having considered the facts and circumstances of the case, I am of the considered opinion that the petition under Section 9 of the Hindu Marriage Act filed by nonapplicant against the applicant pending in the court of Additional District Judge, Khetri bearing Case No.73/2011 deserves to be transferred to the Family Court, Jodhpur because of the reasons that applicant is a lady and she has a child of four years only.
The applicant is required to attend the court of Additional District Judge, Khetri personally and will have to make all the arrangements to travel, which will not only require incurring the expenditure but it is also cumbersome for the applicant to manage with her daughter of four years only. 6. Accordingly, this transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act bearing Case No.73/2011 (Smt.Asha v. Jai Singh) is transferred from the court Additional District Judge, Khetri to the Family Court, Jodhpur for disposal in accordance with law. Both the parties are directed to remain present in Family Court, Jodhpur on 26.3.2012.Application Allowed. *******