1 Smt. Alka Vs. Vijay Rao (S.B.CIVIL TRANSFER PETITION NO. 33/09) Dated:- 26.4.2010. HON'BLE MR.JUSTICE SANGEET LODHA Mr. N.K.Rastogi, for the petitioner. None present on behalf of the respondent despite service. 1. Heard learned counsel for the petitioner. 2. This transfer petition under Section 24 of the Civil Procedure Code,1908(“CPC”) has been filed by the petitioner for transfer of civil miscellaneous case no. 188/09 pending before the Family Court, Udaipur to the Court of District Judge, Bhilwara. 3. The respondent has filed petition u/s 13 of Hindu Marriage Act, 1955 against the petitioner before the Family Court, Udaipur, on 21.5.09. An application preferred by the petitioner u/s 125 Cr.P.C. against the respondent on 15th June, 2007 is pending in the Court of Judicial Magistrate No.2, Bhilwara. Besides, a criminal case No.38/09 for offence under Section 498A and 406 IPC is also pending against the respondent in the Court of Judicial Magistrate, Bhilwara. 4. It is submitted by learned counsel that in view of the pendency of the cases at Bhilwara, the respondent is required to appear before the courts of Judicial Magistrate, Bhilwara and Judicial Magistrate No.2, Bhilwara and therefore, if the divorce 2 petition pending before the Family Court, Udaipur is transferred to the Court of District Judge, Bhilwara then, it will not cause any inconvenience to the respondent. It is submitted that the petitioner has responsibility to take care of two children of tender age. It is further submitted that Udaipur is 200 Kms. away from Bhilwara and therefore, it is not possible for the petitioner to go to Udaipur to attend the date of hearing all alone. 5. Nobody has put in appearance despite service on behalf of the respondent. Consequently, the averments made in the transfer petition remain uncontroverted. 6. Having regard to the facts and circumstances of the case noticed above, in considered opinion of this court, in the interest of justice, the divorce petition pending before the Family Court, Udaipur deserves to be transferred to the District Judge, Bhilwara. 7. Accordingly, the transfer petition is allowed. The civil miscellaneous case no. 188/09 “Vijay Rao Vs. Smt. Alka Rao” pending before the Family Court, Udaipur is hereby ordered to be transferred to the Court of District Judge, Bhilwara. No order as to costs. (SANGEET LODHA),J. rp/-