JUDGMENT

Arun Bhansali, J. - This petition under Section 24 C.P.C. has been Filed by the petitioner-wife seeking transfer of proceedings pending before the Family Court, Udaipur to Family Court, Doongarpur.

2. It is inter alia indicated in the petition that marriage between the parties was solemnized on 18.1.2010 and two children, Aradhya and Tanksh were born on 19.9.2011 and 28.11.2016, respectively. Proceedings under section 13 of the Hindu Marriage Act, 1955 have been filed by the respondent-husband at Family Court, Udapur; summons whereof for appearance on 31.10.2017 were received by the petitioner. It is submitted that the petitioner had also lodged a complaint before the Mahila Police Station, Doongarpur against the respondent and his relatives pertaining to domestic violence and demand of dowry on 14.9.2017.

3. It is inter alia submitted by learned Counsel for the petitioner that the petitioner has no helping hand, a minor daughter to look after and a minor son in her lap and, therefore, it is very difficult, rather impossible for her to appear before the Family Court, Udaipur. It is also submitted that investigation pertaining to the complaint made by the petitioner is already pending at Doongarpur. The petitioner has no independent source of maintenance for herself and her two minor children, the distance between the place of her residence and Udaipur is 125 km. and no direct bus/train service is available. Further, no close relative is in a position to travel with the petitioner as her father is very old. It is submitted that huge inconvenience would be caused to the petitioner in attending the proceedings at Udaipur, whereas, it would not be inconvenient to the respondent in any manner if he is to attend the hearing at Doongarpur and, therefore, proceedings be transferred from Udaipur to Doongarpur.

4. Reliance was placed on Smt. Vinita v. Himanshu, 2018(2) WLC (Raj.) 146 and Smt. Lalita v. Ramuram, S.B. Civil Transfer Application No. 130/201(sic) decided on 21.10.2017.

5. A reply has been filed by the respondent-husband vehemently opposing the submissions made in the application. It is inter alia submitted that the proceedings have been initiated by the petitioner by filing complaint with the police as a counter blast to the complaint made by the respondent-husband against the petitioner and her family members at Police Station Bichhiwada, as the respondent was roughed up by them, in which case, challan has been filed. It is submitted that in case the proceedings are transferred to Doongarpur, there is danger of breach of peach/to the respondent's life.

6. Further submissions have been made that inconvenience to the petitioner cannot be a reason for transfer of proceedings and, therefore, the petition be dismissed.

7. Reliance has been placed on Dimple Soni v. Praveen Kumar, 2013(1) DNJ (Raj.) 84 , Anindita Das v. Shrijit Das, (2006) 9 SCC 197 and Jayant Kumar Gehlot v. Smt. Sunita Gehlot, S.B. Civil Misc. Transfer Petition No. 52/2015 decided on 1.2.2016 besides placing reliance on the judgment in Smt. Neha v. Sorabh Goyal, 2018 (1) WLC (Raj.) UC 678.

8. I have considered the submissions made by learned Counsel for the parties and have perused the material available on record.

9. While the petitioner has indicated inconvenience likely to be faced by her in attending the proceedings at Family Court, Udaipur on account of distance from the place of her residence to Udaipur and the fact that she is required to look after her two minor children, wherein, one child is now about 2 years old only and was about one year old when the petition was filed before this Court, the respondent has contested the proceedings mainly on the ground that he was manhandled earlier by the relatives of the petitioner and that he perceives threat to his life in case the matter is transferred to Doongarpur.

10. The law on the aspect is clear, wherein, after considering the judgment in the case of Anindita Das (supra), this Court in the case o