1 S.B.Civil Transfer Application No.23/10 Nishat Husain Vs. Smt. Seema Saddiq (S.B.CIVIL TRANSFER APPLICATION NO. 23/10) Dated:- 10.5.2010. HON'BLE MR.JUSTICE SANGEET LODHA Mr. B.L.Choudhary, for the petitioner. 1. Heard learned counsel for the petitioner. 2. This transfer application under Section 24 of the Civil Procedure Code,1908 (“CPC”) has been filed by the petitioner for transfer of the Case No. 15/06 pending before the Family Court, Jodhpur to any other Court of competent jurisdiction. 3. It is submitted by learned counsel for the petitioner that looking to the violent behaviour of the father of the respondent as noticed by the Court on 06.06.2009, it is not possible for the petitioner to attend the date of hearing before the Family Court, Jodhpur and therefore, the matter deserves to be transferred to any other Court. 4. A perusal of the order dated 15.06.2009 passed by the Family Court, Jodhpur reveals that looking to the unbecoming conduct of the respondent's father, appropriate directions have already been issued prohibiting his appearance in the matter on behalf of the respondent herein. It is not the case of the petitioner that thereafter any untoward incident of similar nature has occurred. In any case, if any such incident occurs, the Family Court is competent enough to deal with such matters. However, on this ground, no case for transfer of the matter pending before the Family Court to any other Court is made out. 2 S.B.Civil Transfer Application No.23/10 5. It is to be noticed that earlier a transfer petition No. 28/08 preferred by the petitioner seeking transfer of the matter levelling reckless allegations against the Presiding Officer of the Family Court, Jodhpur has already been dismissed by this Court as not pressed vide order dated 17.12.2008. 6. Thus, on the facts and in the circumstances of the case, in considered opinion of this Court, no case for transfer of the matter from Family Court, Jodhpur to any other Court is made out. The transfer application is therefore, dismissed. (SANGEET LODHA),J. rp/-