1 3 S.B. CIVIL MISC. TRANSFER PETITION .68/2007. Smt. Kiran Joshi Vs. Mahendra Vyas Date of Order :: 22nd February 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Bhuvnesh Bohra, for the petitioner. ... BY THE COURT: Though served with notice for final disposal, the non- petitioner has not appeared. Learned counsel for the petitioner has been heard at length. The petitioner is facing an application said to have been filed under Section 13 of the Hindu Marriage Act by the non- petitioner before the District Judge, Jaisalmer. The petitioner-wife seeks transfer of the case from the court at Jaisalmer to the Family Court at Jodhpur with the submissions that she is physically weak and in economical distress; that she has suffered from mental agony and had become a patient of multiple diseases and had to remain under treatment at Jodhpur hospitals and is not in a position to take journey for long hours; that she is living with her old aged mother as her father has expired in the year 2004; that she has no source of personal income; and that the behaviour of the husband and his family members had been cruel towards her. Learned counsel for the petitioner has referred to the decisions of the Hon'ble Supreme Court in the case of Priyanka Biswas & Ors. Vs. Subrato Biswas : 2005 (2) WLC (SC) 225 and 2 Anuradha Dalal Vs. Rohit Dalal : (2001) 10 SCC 449 in support of the contentions that the said petition pending before the District Judge, Jaisalmer deserves to be transferred at the request of the petitioner. Having examined the contents of the transfer application and the decisions cited above and having given a thoughtful consideration to the matter, this Court is unable to find any justification to transfer the matter at the instance of the petitioner- wife. No corroborative material has been placed on record in relation to the so-called ailment of the petitioner, not even in the form of any prescription slip what so say of any specific medical certificate. So far the financial constraints are concerned, learned counsel was posed a specific question if the petitioner made any application under Section 24 of the Hindu Marriage Act before the court concerned ? Learned counsel answered in the negative. It cannot be said that if the petitioner would have made proper application before the learned trial court, the same would not have been given due consideration. The decisions cited at Bar are of no assistance to the petitioner. The decision in Anuradha Dalal's case (supra) is essentially that of transfer of the matter with the consent of the parties. So far the decision in Priyanka Biswas's case (supra) is concerned, it is apparent that the petitioner therein claimed that she was forcibly taken to Chandanpada Nadia in West Bengal; 3 that thereafter a ransom of Rs.4,00,000/- was claimed from her family members; that under threat of death her signatures were taken before the Registrar of Marriages purportedly to show that she was married to the respondent; that she managed to run away from the custody of the respondent and came to her parental house and then received summons of the matrimonial suit; that there was a serious threat and apprehension of causing bodily injury or death if she would go to West Bengal. It was also stated that her father was a very old man and could not travel with her; that she was a young girl and could not travel alone; and that she had no sufficient money to go to West Bengal and to engage counsel over there. Such averments were not refuted by the respondent who remained absent even though served. The cumulative effect of the grounds as stated by the applicant was found sufficient to transfer the matrimonial case. In the present case, the averments as made in the transfer application and the grounds as taken do not make out that the petitioner would be deprived of due consideration of her case by the court at Jaisalmer; and any threat perception is even not indicated. The petition remains wholly bereft of substance and is, therefore, rejected. Interim order dated 06.12.2007 stands vacated. (DINESH MAHESHWARI), J. Mohan/