1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR J U D G M E N T Ms. Meenakshi Sharma Vs. Dr. Mahaveer Prasad Sharma S.B. CIVIL MISC. TRANSFER PETITION NO.69/2009. UNDER SECTION 24 OF THE CPC. DATE OF JUDGMENT: 13 th November, 2009 HON'BLE MR.JUSTICE S.P.PATHAK Mr. Laxmi Kant Sharma for the petitioner. Mr. Virendra Agrawal for the respondent. BY THE COURT: This transfer petition has been filed by the wife against her husband with a prayer that the matrimonial case No.56/2009 (Dr. Mahaveer Prasad Sharma Vs. Smt. Meenakshi Sharma) filed by the respondent-husband against the petitioner-wife under section 12(1)(c) of the Hindu Marriage Act be ordered to be transferred from the court of Additional District Judge, Hindaun city, Karauli to the court of District Judge, Dausa or to Family Court, Jaipur. Briefly stated, the facts for the disposal of the present transfer petition are that the petitioner is the wife of respondent Dr. Mahaveer Prasad Sharma. The marriage between the petitioner and respondent was solemnized on 28.4.2009 at Choudhary Marriage Lawn, Dausa. It is alleged in 2 the petition that after some time of the marriage, the respondent-husband started harassing the petitioner-wife and false allegations have also been levelled against her. It is also alleged that for cruelty a criminal complaint was also filed by the petitioner-wife against the respondent-husband. The respondent-husband has also filed a petition under section 12 (1)(c) of the Hindu Marriage Act. Since the marriage took place at Dausa and the petitioner is a student of MBBS course and pursuing her studies at Mahatma Gandhi Medical College and Hospital, Sitapura, Jaipur, therefore, in the interest of justice the petition filed by the husband requires to be transferred at Dausa or Jaipur. Notice to the petition was issued to the respondent. A reply to the transfer petition has been filed wherein most of the allegations have been denied. It has been submitted that in fact the respondent and his family members were harassed by the petitioner and her family members and in that regard a criminal case has also been lodged at police station Sri Mahaveerji. It has been the contention of the learned counsel for the petitioner that she being a lady, a student of MBBS, residing at Jaipur and the marriage had taken place at Dausa, the case filed by the respondent-husband should be transferred either to Dausa or Jaipur. It has also been contended that she has all apprehensions of her life if she goes 3 to Hindaun city for attending the court case as the family members of the respondent-husband are bent upon to take revenge from the petitioner and her family members. It is also contended that there are criminal cases pending between the family members of the petitioner and husband. On the other hand, it has been contended that since she is pursuing her studies in Mahatma Gandhi Medical College and Hospital, Sitapura, Jaipur, therefore, there is no difficulty for her to attend the dates of hearing in the case filed by the husband at Hindaun city. I have considered the submissions made before me. In the facts and circumstances of the case and considering the fact that Dausa will be convenient place for both sides, therefore, in the interest of justice, I deem it proper to transfer the matrimonial case No.56/2009 pending before the Additional District Judge, Hindauncity District Karauli to the court of District Judge, Dausa. In the result, the transfer petition is allowed and the matrimonial case no.56/2009 pending before the Additional District Judge, Hindaun city District Karauli stands transferred to the court of District Judge, Dausa with a direction to decide the matter in accordance with law. (S.P.PATHAK) J. bblm