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2004 DIGILAW 1017 (RAJ)

Rekha Devi v. Ram Babu

2004-07-21

A.C.GOYAL

body2004
JUDGMENT 1. - Heard learned counsel. The applicant wife has filed this application under section 24 CPC with the facts that she was married to respondent Rambabon in June 1995. One daughter was born in September 2001. The non-petitioner started cruelty with the application so as to force her to leave her matrimonial home. Thus, the petitioner is residing now with her father at Jaipur. The petitioner filed an application for maintenance under section 125, CrPC. That application was allowed vide order dated 6.3.2003, but no amount of maintenance has been paid. One application for enhancement of the maintenance under section 127, CrPC is pending in the same Court. One FIR was also lodged by the petitioner but the police submitted final report. Thereafter a protest petition filed by the petitioner is pending in the Court at Jaipur. The non-petitioner filed an application under section 9 of the Hindu Marriage Act against the petitioner which is pending in the Court of Additional District Judge, Gangapur City. The petitioner went to attend those proceedings with her father but she was threatened by the non-petitioner. In view of these facts, she made a prayer for transfer of this petition under section 9 of the Hindu Marriage Act. Affidavits of the petitioner and her father Shambhu Lal have been filed. 2. The non-petitioner vide reply alongwith affidavit with contested this application. 3. I have heard learned counsel for the parties. As per counsel for the applicant in view of the contents of the application, it should be allowed. 20 While as per counsel for the non-applicant, the petitioner never attended the proceedings at Gangaur City, hence the question of any threat does not arise and there is no reason to transfer that case. 4. I have considered the above submissions, application and its reply. In view of the contents of this application and the facts that two matters are still 25 going on in the Courts at Jaipur, against the non-petitioner and looking to the convenience of the applicant wife who is residing with her father at Jaipur, this application is allowed and the Civil Misc. Petition No. 13/2003, Rambaboo v. Smt. Rekha Devi , filed under section 9 of the Hindu Marriage Act is transferred to the Court of Judge Family Court No. 1, Jaipur City, Jaipur.Application for Transfer of case Allowed. *******