JUDGMENT : P.K. Lohra, J. Applicant-wife has laid this transfer application under Section 24 CPC seeking transfer of Civil Misc. Case No.421/2014 from Family Court No.1, Jodhpur to District Judge, Balotra. 2. The aforesaid Civil Misc. Case No. 421/2014 is filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage. 3. In the transfer application, it is inter alia averred that the applicant was forced to leave the matrimonial home because of ill-treatment by the respondent-husband and for demand of dowry. It is also alleged in the transfer application that, at her instance, FIR was lodged against the respondent and his relatives for offence under Sections 498A, 406 and 323 IPC and the criminal case is pending against them before the Additional Chief Judicial Magistrate, Balotra, wherein respondent-husband is attending proceedings on every date of hearing. The applicant has further strengthened her case for transfer by submitting that she has laid a petition for maintenance under Section 125 Cr.P.C, which is pending before Additional Chief Judicial Magistrate, Balotra. As per assertion of the applicant, the petition for dissolution of marriage filed by the respondent-husband is pending at Jodhpur, therefore, she is facing inconvenience and hardship in attending proceedings before Family Court No.1, Jodhpur as she is having her permanent abode at Balotra. The applicant has also sought transfer on the ground that she has imminent threat to her life from the respondent. 4. On behalf of respondent reply to transfer application is submitted wherein facts have been denied in to. In a short reply, the respondent has submitted that he is prepared to pay the requisite travelling expenses to the applicant. The allegation about threat to her life is also seriously disputed. In totality, the respondent has craved for dismissal of the transfer application. 5. I have heard learned counsel for the parties. 6. After hearing learned counsel for the parties, in my opinion, grounds set out by the applicant for transfer of the case appears to be genuine, more particularly, the fact that respondent is facing trial of offence under Sections 498A, 406 and 323 IPC, which is pending before Additional Chief Judicial Magistrate, Balotra and further proceedings for maintenance are also pending before the same Court. 7.
7. In matrimonial proceedings, Hon'ble Apex Court has held in many judgments that inconvenience of a wife is to be given due credence while acceding to prayer of the wife for transfer of the case. 8. In totality, in my opinion, when respondent is already attending the proceedings in two cases referred to supra, he can very well undertake the journey to Balotra for attending the matrimonial proceedings and as such the prayer made in the transfer application deserves acceptance. 9. Resultantly, this transfer petition is allowed. Civil Misc. Case No.421/2014 pending before Family Court No.1, Jodhpur is, hereby, transferred to District Judge, Balotra. Learned Family Court No.1, Jodhpur is directed to send the record of the case to District Judge, Balotra forthwith.