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Per contra, counsel for the respondent submits that in the present case, application filed by the petitioner/wife deserves to be dismissed firstly on the count that the petitioner on her own volition left the matrimonial house on 13/06/2021 without any cause and also furnished an undertaking which has been brought on record alongwith the reply filed by the respondent. It is further contention of the counsel that respondent/husband is working as Senior Assistant Loco Pilot, Bhopal and the nature of job does not permit the respondent to go out of Bhopal. Moreover, it is also contended by the counsel that Vidisha is hardly at a distance of 50 kms and the respondent/husband is willing to bear the expenses which are required securing appearance of the petitioner/wife at Bhopal. It is also contended by the counsel that leniency shown by the different courts with the transfer petition filed by the petitioner has been taken note of by the Apex Court and in the present case as well without there being any sufficient ground, this application for transfer has been filed by the petitioner/wife.

The Apex Court in the decision of Anindita Das Vs. Srijit Das, (2006) 9 SCC 197 has taken note of fact that the leniency which has been shown by the courts to the women in the cases of transfer has been misused. The Apex Court has held in paragraph 3 as under:-

3. Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency shown by this Court. On an average at least 10 to 15 transfer petitions are on board of each court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women.