1 S.B.CIVIL TRANSFER PETITION NO.55/2007 Smt. Harminder Kaur. vs. Dr. Yogendra Taneja. DATE OF ORDER ::: 8.1.2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.SL Jain, for the petitioner. Mr.MK Garg, for the respondent. - - - - - Heard learned counsel for the parties. The petitioner, wife of the respondent, has filed this petition for transfer of the petition filed by the respondent under Section 9 of the Hindu Marriage Act before the District Judge, Rajsamand to the Court at Suratgarh. The petitioner's contention is that the marriage of the petitioner and respondent was solemnised on 1.3.2006 only at Suratgarh and both the parties are permanent residents of Suratgarh. The petitioner has already initiated proceedings under Section 125 CrPC by 2 submitting petition at Suratgarh. She has also filed a petition under Hindu Adoption and Maintenance Act, 1956 which is also pending at Suratgarh. She has also filed one case under Section 498A IPC which is pending at Suratgarh. However, the respondent, who is by profession doctor, is presently posted at Amet, which is about 600 kms. from Suratgarh, has filed the petition under Section 9 at Amet. According to the petitioner, the petitioner is a young lady and cannot go to Amet, which is at a distance of 600 kms., where none of her family members are residing. It is also submitted that the respondent will come at Suratgarh to attend the cases and further his immovable property is also at Suratgarh and the witnesses are also from Suratgarh only and Amet is a place where the respondent is posted because of his service, therefore, the petitioner will not be able to take his witnesses at Amet. Learned counsel for the respondent submitted that the respondent was attacked by the petitioner's family and a criminal case has already been launched by the respondent against the petitioner's family members in which cognizance has been taken by Additional Chief Judicial Magistrate, Suratgarh by order dated 26.9.2007, copy of which has been placed on record. It is also submitted that the Hon'ble Supreme Court in the 3 case of Anindita Das vs. Srijit Das reported in (2006) 9 SCC 197 also refused to transfer the case and this Court in the case of Teena vs. Vinod Kumar (S.B.Civil Misc. Transfer Petition No.5/2007) refused to transfer the case at the place where the lady was residing. It is also submitted that the case may be transferred to any Court near to Suratgarh and the respondent will travel to that place, may it be 500-600 kms. away from Amet and thereby, interest of both the parties can be saved. It is also submitted that the respondent is not safe at Suratgarh and, therefore, the transfer petition may be rejected. I considered the submissions of learned counsel for the parties and perused the facts of the case. It is not in dispute that both the parties are residents of Suratgarh of District Sri Ganganagar. The respondent has his immovable property at Suratgarh. All the cases including the one launched by the respondent himself are pending at Suratgarh. The distance between Suratgarh and Amet is about 600 kms. The petitioner is young lady and the respondent will have to come to attend the cases which have been initiated by the petitioner as well as the respondent himself. The criminal case might have been initiated by the respondent against the petitioner and on the basis of 4 which, cognizance might have been taken but it cannot be said that the respondent will be so unsafe that it will not be possible for him to travel to the place where his immovable property is situated. In the totality of the circumstances, it is a fit case for transferring the petition filed by the respondent. In view of the above, this transfer petition is allowed, the Petition No.11/2007 (Yogendra Taneja vs. Smt. Harminder Kaur) filed under Section 9 of the Hindu Marriage Act pending in the Court of District Judge, Rajsamand is hereby withdrawn and is transferred to the Court of Additional District Judge, Suratgarh for deciding the same in accordance with law. Both the parties are directed to appear before the Additional District Judge, Suratgarh on 28.1.2007. (PRAKASH TATIA), J. S.Phophaliya