1. - Heard the learned counsels for the parties.

2. This transfer application has been filed by the petitioner-wife Smt. Tilotamma under Section 24 of the C.P.C. seeking transfer of matrimonial case filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights by the respondent-husband in the Court of learned Additional Distt. Judge No. 1, Bayana, Distt. Bharatpur. The said transfer of proceedings is sought from Bayana, Distt. Bharatpur to Bikaner where the petitioner-wife Smt. Tilotamina is presently residing with her father.

3. The petitioner has averred in the application for transfer that the marriage took place between the parties on 26.11.1996 and the issue of said wedlock, a daughter, Harshita was born on 3.5.1998. Thereafter a son was also born to them on 25.1.2006. However, the parties fell apart and they are living separately for last about 2 years. The petitioner-wife has further stated that she has moved a divorce petition in the Court of learned Distt. Judge, Bikaner, which is registered as case No. 167/2007 and had also filed an application under Section 125 Cr.P.C. claiming maintenance which is Criminal Case No. 223/2007 in the Court of le