ORDER :

Mr. Yogendra Kumar Purohit, J. - The instant civil transfer application under section 24 of the CIVIL PROCEDURE CODE , has been filed by the petitioner-wife seeking transfer of Case No.680/2020 "Shimbhu Singh v. Smt. Monika Kanwar, preferred by the respondent-husband under section 13 of the HINDU MARRIAGE ACT for dissolution of marriage, pending in the Family Court No.1, Jodhpur to the Family Court, Churu.

2. I have heard learned counsel for the parties and perused the material available on record.

3. The marriage between the petitioner and the respondent was solemnized at Churu on 7.12.2013 as per Hindu rites and rituals. It is the case of the respondent-husband that after solemnization of the marriage, the petitioner-wife treated the respondent-husband with mental and physical cruelty and from last three years she has deserted him. The respondent-husband has, therefore, filed the aforesaid case under section 13 of the HINDU MARRIAGE ACT before the learned Family Court No.1, Jodhpur for dissolution of marriage solemnized between the parties on the ground of cruelty and desertion.

4. Learned counsel for the petitioner-wife submitted that the respondent-husband with a view to harass the petitioner, has filed the aforesaid application before the Family Court No.1, Jodhpur for dissolution of marriage. It is submitted that the petitioner is living at Churu at her parental home. She being young lady and having no sufficient means to bear the travelling expenses and there is no male member to accompany her for travelling, therefore, it is not practically feasible rather very difficult and unsafe for her to travel all alone to Jodhpur which is approximately 350 kilometers away from Churu to defend the case filed by the respondent husband. It is further argued that two cases filed by the petitioner under Sections 12 & 23 of the Protection of Women from Domestic Violence Act, 2005 and under Section 12 5 Cr.P.C. seeking maintenance are pending consideration before the Chief Judicial Magistrate, Churu and Family Court, Churu respectively. Learned counsel next contended that while considering transfer in matrimonial matters, wife's convenience must be seen. In this regard, learned counsel has relied upon a recent decision of the Hon'ble Supreme Court in N.C.V. Aishwarya v. A.S.Saravana Karthik Sha AIR 2022 SC 4318 . In these facts and circumstances and relying upon the aforesaid decision, it is submitted that in the interest of justice, the case filed by the respondent-husband at Family Court No.1, Jodhpur deserves to be transferred to Family Court, Churu.

5. A reply to the transfer application has been filed on behalf of the respondent-husband opposing the prayer for transfer of the case. It is submitted that the petitioner is well educated lady having qualification of BA and MA and does not require support of anyone. It is argued that the petitioner has two real brothers namely Mehtab Singh employed in Indian Air Force and Monu working as LDC in Collectorate, Churu and her father is employed in a private coaching centre and petitioner herself is earning income by tuition. According to the respondent, two cases filed by the petitioner are already pending at Churu, and therefore, if the present matter is transferred, it would be difficult for him to attend the different dates of hearing in all these matters as he is employed in Forest Department where he does not get leave.

6. Learned counsel for the respondent has also relied upon the judgment of this Court in Smt. Jyoti Sarangdawot v. Kamlendra Singh decided on 4.10.2017 , and decisions of Hon'ble Supreme Court in Neelam Bhatia v. Satbir Singh Bhatia (2004 (13) SCC 436), Teena Chhabra v. Manish Chhabra (200