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Rajasthan High Court · body

1996 DIGILAW 1021 (RAJ)

Shakuntla v. Chhaganlal

1996-09-09

P.C.JAIN

body1996
JUDGMENT 1. - The wife-petitioner has filed this petition under section 24 r/w Section 151 CPC for the transfer case of No. 161 of 1993 instituted by the husband-respondent under section 9 of the Hindu Marriage Act from the Court of District Judge, Bhilwara to the Family Court, Ajmer. 2. The husband non-petitioner filed the above case for the restitution of conjugal rights. On receipt of this petition, this Court ordered for the issuance of notice to the respondent to show cause as to why this petition be not disposed of finally at the admission stage. Notice has been served on the respondent but despite service of notice, he has not appeared. 3. I have heard the learned counsel appearing for the wife-petitioner and have carefully gone through the record of the case. 4. The learned counsel appearing for the petitioner has contended that the wife-petitioner is a poor young lady having a small child of 5 years. She filed an application for grant of maintenance under section 125 Cr.P.C. in the Family Court, Ajmer and the Family Court, Ajmer ordered for the payment of maintenance at the rate of Rs. 300/- per month. It is alleged that the husband-respondent did not pay a single paisa towards the maintenance. According to the learned counsel, the husband-respondent has filed the above application for restitution of conjugal rights in the Court of the learned District Judge, Udaipur under section 9 of the Hindu Marriage Act in order to nullify the order passed by the Family Court granting maintenance in favour of the wife-petitioner. 5. A perusal of the petition shows that the wife- petitioner is a young lady having a small child of about 5 years. She is a labourer and earns her livelihood as such she has alleged that it is not possible for her to go to Bhilwara to attend the dates of hearing in the above case particularly when her husband has threatened her and it would be very inconvenient for her to go to the above Court to attend the dates of hearing along with her small child. 6. This application has not been opposed by the husband- respondent despite notice. 7. In these circumstances, I allow this application and transfer the case No. 161 of 1993 from the Court of District Judge, Bhilwara to the Court of Family Judge, Ajmer for disposal in accordance with law. 8. 6. This application has not been opposed by the husband- respondent despite notice. 7. In these circumstances, I allow this application and transfer the case No. 161 of 1993 from the Court of District Judge, Bhilwara to the Court of Family Judge, Ajmer for disposal in accordance with law. 8. Let a copy of this order be sent to the District Judge, Bhilwara as also the Judge, Family Court, Ajmer for necessary compliance.Petition allowed. *******