1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Smt. Suman Devi V/s. Fatta Ram (S.B. Civil Transfer Petition No.46/2010) S.B. Civil Transfer Petition Under Section 24 of Code of Civil Procedure Date of Order :: October 19, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Sudesh Bansal for the petitioner. This transfer petition has been moved by the wife ostensibly on the ground that while she has filed a divorce petition before the Family Court No.2 at Jaipur under Section 13 of the Hindu Marriage Act, the respondent-husband has filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before the District Judge, Alwar. The learned counsel for the petitioner contends that the petitioner is a person who resides in village, she does not have a male member in the family who can possibly accompany her in order to attend the proceedings pending at the District Court, Alwar. He further pleads that since the respondent can attend the proceedings at Jaipur, it would be in the interest of justice to transfer the case from Alwar to Jaipur. He further 2 contends that since the case for restitution of conjugal rights could not have been filed at Alwar, therefore, the Court at Alwar does not have jurisdiction to try the case. Heard the learned counsel for the petitioner. A transfer of a case is not a thing for mere asking. A case can only be transferred when grave and cogent reasons have been Marshalled by party. Merely because the petitioner happens to be a woman from the village, she cannot argue that she cannot travel from Jaipur to Alwar. For, distance from Alwar to Jaipur is not too great. Moreover, in these days, it cannot be contended that a woman needs a male member in order to travel. A woman neither requires a male member as an attendant, nor is she so weak as to be unable to travel on her own. Furthermore, since the petitioner and respondent lived as husband and wife, on the last occasion, in Alwar, since respondent is a resident of Tehsil Thanaganji, District Alwar, he is entitled to file his case before the District Judge Alwar. Therefore, the contention with regard to the territorial jurisdiction is highly misplaced. Hence, no cogent reasons have been made out for transferring the case from the District Judge Alwar to Family Court No.2 at Jaipur. Devoid of any merit, this petition is, hereby, dismissed. (R.S.CHAUHAN)J. A.Asopa/-