JUDGMENT 1. - Heard learned counsel for both the parties. 2. This transfer petition under Section 24 of the Code of Civil Procedure , 1908 has been filed by the petitioner-Smt. Suman wife of non-petitioner Sunil Swami, for transfer of Civil Misc. Case No. 928/2012, Sunil Swami v. Smt. Suman , filed by respondent-husband under Section 13 of the Hindu Marriage Act for divorce, pending before the Family Court, Bikaner to the Court of District Judge, Churu. 3. As per averments in the petition, respondent-husband Sunil has filed aforesaid misc. case before the Family Court, Bikaner thereby praying for divorce. In the above misc. case (No. 928/2012) it is averred by the respondent-husband that the wife Smt. Suman has been right after the marriage has been behaving in teasing manner on the pretest of respondent-husband taking care of his blind mother and on 26.10.2010 she went with her uncle Gorakhdas and brother Subhkaran, by taking all her clothes and jewellery etc. The wife Suman has lodged fallacious F.I.R. against husband, his parents and brother for offence under Sections 498-A, 406 and 323 I.P.C. for harassing them all. The wife wants the husband to separate from his parents and live with her. With these allegations of cruel treatment by the wife, divorce was prayed. 4. In the present petition, it is stated by the petitioner-wife that their marriage was solemnized on 12.11.2005 and out of their wedlock a male child has born to petitioner. It is further stated that after some time of the marriage, the petitioner- wife was being ill-treated and respondent-husband has started treating her in cruel manner for dowry and ultimately, she was made to leave the matrimonial house. On account cruelty and demand of dowry, she filed F.I.R. for offences under Sections 498-A, 406 and 323 I.P.C. for which Criminal Case No. 433/2011 is pending before the Chief Judicial Magistrate, Churu. It is further stated that the respondent-wife has also filed an application under Section 25 Cr.P.C. for maintenance before the learned judicial Magistrate, Churu, being Criminal Misc. Case No. 325/2010. 5. It is also stated in the petition that the respondent-husband has filed aforesaid misc. case for divorce before the Family Court, Bikaner to counter criminal cases filed by the wife-petitioner, just with a view to harass and humilate her. Case No. 325/2010. 5. It is also stated in the petition that the respondent-husband has filed aforesaid misc. case for divorce before the Family Court, Bikaner to counter criminal cases filed by the wife-petitioner, just with a view to harass and humilate her. At this time, the petitioner-wife, with her young child, is residing with her parents at Churu and it is very expensive, difficult and unsafe for her to attend the Court at Bikaner on every date in the facts and circumstances of the case. 6. With the above averments, prayer is made for transfer of the civil misc. Case No. 928/2012 filed by the respondent-husband from Family Court, Bikanerto the Court of District Judge at Churu. Learned counsel for the petitioner-wife relied on judgments delivered by this Court in the case of Smt. Rinku @. Reena Agrawal v. Deepak Agrawal, 2011(1) DNJ (Raj.) 155 and Smt. Neetu Khatri v. Ravi Khatri, 2011 (2) DNJ (Raj.) 872 . 7. A reply to the transfer petition is filed on behalf of the respondent. husband, reiterating contentions made in his petition for divorce. It is contended that respondent-husband or his parents never demanded dowry. The respondent- husband is student of 2nd year LL.B. and he has no income of his own and in case matter is transferred to Churu. the respondent shall suffer comparatively greater hardship because mother of the non-petitioner is totally blind and non- petitioner is the only member available at home to carry out all affairs of daily life of his mother. In this manner, learned counsel for the respondent-husband vehemently opposed the above petition for transfer of above civil misc. Piled by him for divorce. 8. Having regard to the facts and circumstances of the case noticed above and in view of the fact that petitioner-wife is living with young child, an application filed by the petitioner under Section 125 Cr.P.C. as well as criminal case under Sections 498-A, 406 and 323 I.P.C. are already pending before competent Courts at Churu; in my considered opinion, the interest of justice would be met if the divorce petition filed by the respondent-husband before the Family Court, Bikaner be transferred to the court of District judge, Churu. 9. Accordingly, this Transfer Petition of the petitioner-wife is allowed and in the interest of justice, the Civil Misc. 9. Accordingly, this Transfer Petition of the petitioner-wife is allowed and in the interest of justice, the Civil Misc. Case No. 928/2012 Sunil Swami v. Smt. Suman , filed by the respondent-husband for divorce against petitioner-wife, pending in the Family Court, Bikaner is hereby ordered to be transferred to the Court of District Judge, Churu. The Family Court, Bikaner shall send record of the aforesaid case to the transferee Court immediately. 10. The parties are directed to appear before the Family Court, Churu on 15.2.2012. The transferee Court is directed to dispose of the matrimonial case expeditiously. 11. The Stay petition No. 565/2012 stands disposed of accordingly.Petition allowed. *******