1 MCC No.173/2011 13.12.2011 Shri Nitin Phadke, Advocate for the applicant. Shri Surendra Gupta, Advocate for the respondent. Heard. This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Hindu Marriage Act Case No.33/2011, pending before the First Additional District Judge, Mandsaur. It is submitted by Shri Nitin Phadke, learned counsel for the applicant that the applicant is residing at village Rajor of tehsil Sardarpur, district Dhar along with applicants No.2 & 3, who are 5 years & 2 years of age respectively and it is not possible for her to go each and every date of hearing at Mandsaur where the case seeking divorce filed by the non-applicant is pending. It is also submitted that she has no means to bear the traveling expenses. He also submitted that there is no direct bus or train available to travel from village Rajor to Mandsaur and she has to change the bus at 2-3 places. With the aforesaid, it is prayed that the case pending before the Court of First Additional District Judge, Mandsaur be transferred to district Judge, Dhar. On the other hand Shri Surendra Gupta, learned counsel for the non-applicant has submitted that the non-applicant is ready and willing to bear the travelling expenses of the applicant and prayed for dismissal of the application. Convenience of parties should be seen before transferring any of the matter from one Court to another. The applicant has no source of income to bear the expenses of travelling and other expenses. Applicant is unable to attend at Mandsaur on each and every date of hearing. In the circumstances, if the trial is proceeded at Mandsaur, certainly the applicant will be inconvenienced. It is held by the Apex Court that the wife cannot be compelled to go to the place where the husband has brought the suit and in the interest of justice and equity the divorce suit should be transferred to the place where the wife's suit for restitution of conjugal rights is pending. Taking into the economic condition of the applicant, her 2 social strata, antecedent and subsequent thereto, the prayer for transfer reveal good and sufficient. Considering the fact that the applicant is a lady and she is having two minor child in her lap and the case seeking divorce filed by the non-applicant is pending at Mandsaur, in the interest of justice it is just and proper to transfer the H.M.A. Case No.33/2011 to Dhar. Accordingly, the application is allowed. H.M.A. Case No.33/2011 pending before the First Additional District Judge, Mandsaur be transferred to the Additional District Judge, Sardarpur, district Dhar for its trial. Parties are directed to appear before the said Court on 17.1.2012. With the aforesaid, this MCC stands disposed of. (P.K. Jaiswal, J.) rcs*