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1996 DIGILAW 957 (RAJ)

Kusum Saboo v. Rajendra Saboo

1996-08-23

P.C.JAIN

body1996
JUDGMENT 1. - The wife-petitioner has filed this petition under section 24 CPC of the Hindu Marriage Act, (for short 'the Act'), seeking transfer of divorce case No. 330 of 1994 filed under section 13 of the Act by the husband-non-petitioner from the file of the Family Court, Jaipur to the file of the Family Court, Udaipur. 2. The marriage between the parties was solemnized according to the Hindu Customs and rites at Udaipur on 12.12.1990 pursuant to the matrimonial advertisement and correspondence between the parties. However, the relations between the two became strained and they could not live together peacefully. It is alleged that the husband-non-petitioner and his parents complained of less dowry and they also used to give beating to the wife-petitioner and ultimately, she was turned out of her matrimonial home. Thereafter, some litigation took place between the parties and reconciliation efforts were also made. Eventually, the parties realised that they cannot live together. The petitioner, therefore, moved an application under section 125 CR.P.C. for grant of maintenance before the Family Court, Udaipur and she was awarded maintenance @ Rs. 500/- per month. 3. The present divorce petition was filed by the husband- non-petitioner and reply to that divorce petition is to be filed on behalf of the wife- petitioner. The wife-petitioner has also filed an application under section 24 of the Act for grant of interim maintenance on 27.10.1994. That application is still pending and has not yet been decided. 4. I have heard the learned counsel appearing for the wife- petitioner and the learned counsel appearing for the husband-non-petitioner and have carefully gone through the record of the case. 5. The learned counsel for the petitioner has submitted that the wife-petitioner is a lady and every time, she is required to go to Jaipur to attend the case and she feels lot of inconvenience and even her father had to accompany her every time. He also submitted that the wife-petitioner was extended threats by the husband-non-petitioner and his family members. 6. The learned counsel has placed reliance on a decision of this Court in Smt. Rajkumari v. Dhanraj, S.B. Civil Misc. Transfer Application No. 164 of 1991, decided on 19.11.1992 , for the proposition that when the petitioner is a young lady, the transfer petition stands on a different footing. In the said case, on such a ground; the case was transferred. 7. Transfer Application No. 164 of 1991, decided on 19.11.1992 , for the proposition that when the petitioner is a young lady, the transfer petition stands on a different footing. In the said case, on such a ground; the case was transferred. 7. The learned counsel for the husband-non-petitioner has very vehemently opposed the transfer petition merely on the ground that the petitioner is a young lady. He has submitted that on the ground that the petitioner is a young lady, the case cannot be transferred, otherwise all cases for and against the ladies cannot proceed in the Court o.t normal jurisdiction. He has submitted that no other ground has been shown for flea transfer of the case. 8. It is true that in the instant case, the wife-petitioner has not disclosed any other ground except that she is a young lady and it is very inconvenient for her to go to Jaipur on each and every date of hearing in the divorce petition. Normally, her father always accompanies her. For this reason that the wife-petitioner is a young lady, this transfer petition cannot be transferred. 9. The learned counsel for the petitioner has also made a grievance that the application under section 24 of the Act may be directed to be disposed of early so that financial assistance may be made available to the petitioner to facilitate her in attending the dates of hearing fixed in the case conveniently at Jaipur. The learned Family Court, Jaipur is, therefore, directed to dispose of the application filed u /s. 24 of the Act as early as possible and I expect both the parties will cooperate in the disposal of the above application. 10. With these observations, this transfer petition is hereby dismissedPetition dismissed. *******