ORDER

1. HEARD PARTIES.

2. THIS PETITION HAS BEEN FILED BY THE WIFE FOR TRANSFER OF CASE NO. 38 OF 2004 HMA TITLED AS PRASANT VIJAY WARGIYA V. SANGEETA, PENDING BEFORE THE PRESIDING JUDGE, FAMILY COURT, BUNGALOW NO. 13, GANDHI ROAD, GWALIOR, M.P. TO THE FAMILY COURT, KOTA, RAJASTHAN.

3. THE GROUNDS FOR TRANSFER ARE THAT THE PETITIONER HAS A 2-1/2-YEAR-OLD CHILD AND THAT SHE HAS NO SOURCE OF INCOME. THE FURTHER GROUND IS THAT SHE IS NOT IN A POSITION TO TRAVEL ALONE. ALL THESE GROUNDS HAVE BEEN CONTROVERTED IN THE COUNTER-AFFIDAVIT. THE RESPONDENT CLAIMS THAT HE ALSO HAS NO INCOME. THE RESPONDENT ALSO CLAIMS THAT HE APPREHENDS THREATS TO HIS LIFE AND LIBERTY IF HE IS MADE TO GO TO KOTA, RAJASTHAN.

4. WE ARE STILL LIVING IN A CIVILISED SOCIETY. WE SEE NO SUBSTANCE IN THE SUBMISSION THAT THERE WOULD BE DANGER TO HIS LIFE IF THE RESPONDENT HAS TO ATTEND THE COURT IN KOTA. IF ANY THREAT IS GIVEN, THE RESPONDENT CAN ALWAYS COMPLAIN TO THAT COURT AND WE ARE SURE THAT HIS COMPLAINT, IF ONE MADE, WILL BE CONSIDERED ON ITS MERIT. BETWEEN A HUSBAND AND A WIFE THE CONVENIENCE OF THE WIFE MUST PREVAIL PARTICULARLY WHEN THE WIFE HAS A 2-1/2-YEAR-OLD CHILD.

5. IN THIS VIEW OF THE MATTER, WE TRANSFER CASE NO. 38 OF 2004 HMA TITLED AS PRASHANT VIJAY WARGIYA V. SANGEETA, PENDING BEFORE THE PRESIDING JUDGE, FAMILY COURT, BUNGALOW NO. 13, GANDHI ROAD, GWALIOR, M.P. TO THE FAMILY COURT, KOTA, RAJASTHAN.

6. THE TRANSFER PETITION IS ALLOWED ACCORDINGLY.