1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Smt. Usha Kanwar V/s. Jabbar Singh (S.B. Civil Transfer Petition No.10/2010) S.B. Civil Transfer Petition Under Section 24 of Code of Civil Procedure Date of Order :: October 19, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Pradeep Kalwania for the petitioner. Mr. Vikrant Gupta for the respondent. This transfer petition has been moved by the petitioner in the background that the petitioner and the respondent were married according to the Hindu rites on 25th February, 2001. From the said wedlock, a male child was born on 23.05.2002. However, subsequently as differences arose between the parties, they have parted their ways. Presently, the petitioner is a constable in the police force and so is the respondent. The respondent has filed a divorce petition before the Family Court at Jodhpur. It is the case of the petitioner that when she goes to Jodhpur to attend the case, the respondent usually quarrels with and threats her. It is further her case that she has filed a number of complaints with the police, but the police neither gives protection to her, nor takes any legal action against the respondent. But the learned counsel for the 2 petitioner has frankly stated that the respondent has been bound under provisions of Cr.P.C. to maintain peace. Considering the threat to her life, the petitioner seeks transfer of case from Family Court Jodhpur to Family Court Jaipur. On the other hand, the learned counsel for the respondent has contended that both the parties are in the police force. Since the petitioner has already gotten the respondent bound down to maintain peace and tranquility, no cogent reason exists for transferring the case. Heard the learned counsel for the parties. Considering the fact that petitioner happens to be a constable in police force, she is well aware of the remedies which are available to her. In case, the respondent were to threaten her life, she can exercise some of the remedies available under the Criminal Procedure Code. She has already bound the respondent to maintain peace. Once the undertaking has been given by the respondent, no cogent reason exists to transfer the case from the Family Court Jodhpur to Family Court Jaipur. Hence, there is no merit in the transfer petition; it is, hereby, dismissed. (R.S.CHAUHAN)J. A.Asopa/-