Transfer Application– 8/08-Smt.Chanda Sen V.Sh. Surendra Kuamr Gehlot Order dt.18.8.08 1/2 S.B. CIVIL TRANSFER APPLICATION NO.8/2008 Smt. Chanda Sen Vs. Sh. Surendra Kuamr Gehlot Date of order : 18th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.K. Chanda for the applicant. Mr. Deepak Menaria for the respondents. --------- 1. Heard learned counsels. 2. This transfer application under Section 24 of the C.P.C. has been filed by the petitioner-wife seeking transfer of case No.48/2008 filed in the Family Court, Udaipur by the respondent- husband Surendra Kumar Gehlot under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. 3. Both the parties are teachers employed in Government schools and after they married on 15.6.2002, are living separately for last two years. The petitioner-wife has filed application for separation under Section 10 of the Hindu Marriage Act in Family Court, Jodhpur afterwards the respondent-husband has filed the present application under Section 9 of the Hindu Marriage Act at Udaipur. 4. The petitioner approached this Court seeking transfer of these proceedings to Jodhpur as she submits that it is not possible to her to attend hearings personally before the Family Court at Udaipur and there is also threatening by the respondent-husband to her and while serving as Government servant, she feels it absolutely inconvenient to attend these proceedings at Udaipur, though mariage Transfer Application– 8/08-Smt.Chanda Sen V.Sh. Surendra Kuamr Gehlot Order dt.18.8.08 2/2 took place at Jodhpur. 5. These allegations as well as the allegations made in the application under Section 10 are disputed and are denied by the respondent-husband and the respondent-husband submits that since the petitioner is also Government servant like the respondent, she can attend the proceedings at Udaipur also. 6. Having heard learned counsel and upon perusal of the materials on record, this Court is of the opinion that the proceedings filed by the respondent-husband at Udaipur namely Case No.48/2008 deserves to be transferred to Family Court, Jodhpur for the aforesaid reasons. 7. Accordingly, this transfer application is allowed and the record of the case No.48/2008 – Smt. Surendra Kumar Gehlot Vs. Smt. Chanda Sen pending in the Family Court, Udaipur are directed to be transferred to Family Court, Jodhpur. [ DR. VINEET KOTHARI ], J. item No.30 babulal/-