ORDER : The petitioner/wife filed the present civil petition under Section 24 of CPC to transfer the matrimonial case in M.C.No.12/2017 on the file of Family Court Dharwad to the Family Court, Vijayapur. 2. It is the case of the petitioner/wife that marriage of petitioner and respondent was performed on 09.02.2009 at Gauramma Hiremath Rapati Kalyana Mantap at Dharwad as per the customs and rituals prevalent in their community. The same was registered on 07.04.2010 at the office of Registrar of Marriages, Dharwad. Thereafter, she was residing with respondent at Dharwad. The respondent started quarreling with petitioner contending that she is suffering from Asthma. When she was treated by the Doctor, the Doctor told that she is not suffering from Ashtma. Thereafter, petitioner gave birth to girl by name Mahi. She is residing with respondent and thereafter in the month of February 2016 she driven out from the house of the respondent. Since, then she is residing at her parents house. 3. In the meanwhile husband filed M.C.No.12/2017 under the provisions of Section 13 (1) (ia) (iii) (a) of Hindu Marriage Act before Family Court at Dharwad for divorce and making allegations against the petitioner. The petitioner was forced to file complaint before Gol Gumbaz Police Station for harassment caused by respondent and his family and same was registered in Crime.No.46/2017 for the offences punishable under Sections 498A, 323, 504, 506 R/w Section 149 of IPC and same is pending before Vijayapura Court. The petitioner is having 03 years old daughter and she is not able to travel all the way from Vijayapur to Dharwad which is about 210 kms. There is a life threat to her if she visit at Dharwad. She has no source of income to look after herself and her minor daughter. She is not in a position to attend the Court at Dharwad on every date of hearing. Therefore, she sought for allow the petition as prayed for. 4. The respondent filed objections denying the averments made in the civil petition. He has admitted the relationship in between the parties as husband and wife and the marriage. He further contended that respondent has filed private complaint under Section 200 of Cr.P.C. before Magistrate Court at Dharwad in PCR.No.360/2016 against the relatives of petitioner stating that they have assaulted with a rod besides putting life threat to the respondent. He has admitted the relationship in between the parties as husband and wife and the marriage. He further contended that respondent has filed private complaint under Section 200 of Cr.P.C. before Magistrate Court at Dharwad in PCR.No.360/2016 against the relatives of petitioner stating that they have assaulted with a rod besides putting life threat to the respondent. If petition is allowed and transfer from Dharwad to Vijayapur relatives of petitioner being having political power may cause bodily injuries to the respondent. It is further contended that case was registered in the year 2017 now matter is posted for evidence. The petition may require 23 times only. The respondent is ready to pay travelling expenses to his wife and making arrangement to attend the Family Court at Dharwad. Therefore, question of transferring the petition from Dharwad to Vijayapur does not arise at all. It is further contended that petitioner relatives have threatened to him and case is also registered. If the case is transferred from Dharwad to Vijayapur as prayed for there is chance of life threat to the respondent. Therefore, respondent sought for dismissal of the civil petition. 5. I have heard the learned counsel for the parties to the lis. 6. Sri.R.S.Lalagali, learned counsel for the petitioner reiterating the grounds urged in the civil petition sought for transfer of M.C.No.12/2017 pending on the file of Family Court Dharwad to Family Court Vijayapur. 7. Per contra G.B.Yadaw, learned counsel for the respondent sought for dismissal of the civil petition reiterating the grounds urged in the objections. He further contended that there is life threat to respondent from the brothers of the petitioner, if matter is transferred from the Dharwad to Vijayapur. 8. I have heard the learned counsel for the parties, the marriage between the parties is not in dispute. There are allegations and counter allegations to each other. It is also not in dispute that petitioner has lodged complaint against the respondent and his family members for dowry harassment. The jurisdictional police have registered the case under Crime.No.46/2017 and charge sheet is also filed. The matter is pending before JMFC Court at Vijayapur. It is specific case of the petitioner that the distance between the Vijayapur to Dharwad is about 210 kms. The jurisdictional police have registered the case under Crime.No.46/2017 and charge sheet is also filed. The matter is pending before JMFC Court at Vijayapur. It is specific case of the petitioner that the distance between the Vijayapur to Dharwad is about 210 kms. The petitioner is aged about 32 years is not in a position to attend the Family Court at Dharwad on every date of hearing with 03 years old minor kid. She has no male members accompanying to appear Family Court at Dharwad. There is a life threat to her if she visits at Dharwad Court. 9. It is also not in dispute that husband also filed M.C.No.12/2017 under the provisions of 13 (1) (ia) (iii) (a) of Hindu Marriage Act, for divorce against the petitioner at Dharwad. Therefore, she has filed this present civil petition for transfer of M.C.No.12/2017. The material on record clearly depicts that respondent-husband also filed private complaint against the relatives of petitioner for the offence punishable under Sections 362, 326, 324, 506 R/w 34 IPC. He has contended that there is life threat to him, if matter is transferred from Dharwad to Vijayapur. 10. The fact that petitioner is aged about 32 years and her minor kid is aged about 03 years. She could not able to travel with minor kid to Dharwad which is about 210 kms on every date of hearing. According to the respondent there was a life threat to him from the brothers of the petitioner, it is always open for him to lodge a complaint within the jurisdictional police station. It is for the police to take the complaint and necessary action in accordance with law. In the entire objections, except contention raised that he has already lodged complaint against the relative of the petitioner. Nothing is mentioned in the objections that brother of petitioner threatened to his life. 11. Taking into consideration the fact and circumstances of the present case, the convenience of the wife has to be looked into while considering the provisions of Section 24 of Code of Civil procedure. Admittedly, in the present case the age of the wife is about 32 years and there is no any dispute that she is having 03 years old minor kid (daughter). Therefore, she cannot travel by all the way from Vijayapur to Dharwad, which is about 210 kms. Admittedly, in the present case the age of the wife is about 32 years and there is no any dispute that she is having 03 years old minor kid (daughter). Therefore, she cannot travel by all the way from Vijayapur to Dharwad, which is about 210 kms. My view is forfeited by Hon’ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and another, reported in AIR 2002 S.C. 396 , at Para No.3 and 4 held as under: Para No.3 : It is the husband’s suit against the wife. it is the wife’s convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute. Para No.4 : Accordingly, Matrimonial Case No.30 of 2000 pending before the Vith Additional District and Sessions Judge, Ara, Bhojpur, Bihar shall stand transferred to the District Judge, Delhi, who shall hear it himself or assign it for hearing to an appropriate forum. 12. For the reasons stated above, the civil petition is allowed. M.C.No.12/2017 pending on the file of the Family Court Dharwad is ordered to transfer to the Court of Family Court at Vijayapur for adjudication of the matter between the parties on merits in accordance with law. The Family Court, Vijayapur is directed to decide the petition in M.C.No.12/2017 as expeditiously as possible.