1 S.B. Civil Misc. Transfer Application No. 32/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Civil Misc. Transfer Application No. 32/2008 Maya Bajad Versus Chothmal Verma. Date of Order: 28.09.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. D.S. Poonia, for the applicant-petitioner. None present for the respondent. BY THE COURT:- Petitioner has preferred this transfer application under Section 24 of the Code of Civil Procedure for transferring Application No. 149/2005 filed by respondent in Family Court, No. 1, Jaipur for grant of divorce under Section 13 of the Hindu Marriage Act to the Court of District Judge, Jhunjhunu. 2. It is contended on behalf of the petitioner that respondent filed an application under Section 13 of the Hindu Marriage Act for grant of divorce against the petitioner way back in the year 2005 and since then, said application is pending. The petitioner is serving as Teacher Grade-II at Mukundgarh, which is 15 Kms. away from Jhunjhunu. She is having two minor children. She is residing in Village Sothwada, which is near to Jhunjhunu. The 2 S.B. Civil Misc. Transfer Application No. 32/2008 petitioner is attending present case at Jaipur, which is 155 kms. away from her native place and she is attending the same for last more than three years. She has already instituted three cases against the respondent, one under Section 125 Cr.P.C.; second under Section 494 IPC and third under Sections 498-A and 406 IPC, which are pending in the court at Nawalgarh, District Jhunjhunu and all the three cases are being attended by the respondent at Nawalgarh. The petitioner is a lady and having two minor children and she is also in service, therefore, it has become very difficult for her to attend the present case at Jaipur whereas no prejudice will be caused to the respondent in case present case is transferred from Jaipur to Jhunjhunu. 3. Respondent has filed reply to the transfer application wherein he has opposed transfer of the case from Jaipur to Jhunjhunu. 4. The matter was listed yesterday but no one was present on behalf of the respondent despite service of notice, therefore, the case was kept for today but today also, no one is present on behalf of the respondent. 5. I have considered the submissions of learned counsel for the petitioner and also the contents of reply to the transfer application filed by the respondent. 3 S.B. Civil Misc. Transfer Application No. 32/2008 6. From the pleadings of the parties it is clear that three cases, as referred above, are already pending against the respondent at Nawalgarh in District Jhunjhunu. The petitioner is residing in village Sothwada, District Jhunjhunu. She is serving as Teacher, Grade-II at Mukundgarh, which is near to Jhunjhunu. Jaipur is about 155 Kms. away from native place of petitioner. Looking to all the facts and circumstances of the case, I am of the view that ends of justice will meet in case the present case is transferred from Jaipur to Jhunjhunu. 7. In view of above discussions, transfer application is allowed. Application No. 149/2005 filed by respondent Chothmal Verma against the petitioner Smt. Maya for grant of divorce under Section 13 of the Hindu Marriage Act, which is pending in Family Court, No. 1, Jaipur is transferred to the Court of District Judge, Jhunjhunu. Family Court, No. 1, Jaipur is directed to transfer the above referred file immediately to the Court of District Judge, Jhunjhunu, who is directed to decide the same at the earliest in accordance with law. (Narendra Kumar Jain),J. Manoj, Item No.S.3.