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2010 DIGILAW 1686 (RAJ)

Reena v. Choudhary Dharampal Singh

2010-10-01

NARENDRA KUMAR JAIN

body2010
JUDGMENT 1. - Heard learned counsel for the applicant. 2. Applicant has preferred this transfer application under Section 24 of the Code of Civil Procedure for transfer of Civil Misc. Case No. 50/2009- Dharampal v. Reena , pending in the Court of District Judge, Jalore to the Court of District Judge, Dholpur. 3. It is contended in the application that the applicant preferred an application under Section 9 of the Hindu Marriage Act against the respondent for restitution of conjugal rights in the Court of District Judge, Dholpur. Now she has also received a notice of a petition under Section 9 of the Hindu Marriage Act, filed by respondent Dharampal, from the Court of District Judge, Jalore (Annexure-4). Since the applicant has already preferred a petition under Section 9 of the Hindu Marriage Act and respondent has also filed a petition under Section 9 of the Hindu Marriage Act at Jalore, therefore, it will be appropriate to hear and decide both the cases together. Since the applicant is a lady and she is residing at Dholpur, therefore, it will be convenient for her to transfer the case pending at Jalore to Dholpur. 4. A notice to show cause was given to respondent Dharampal, but neither he nor any one is present on his behalf to oppose the applicant's application despite service of notice of this transfer application upon him. 5. It is also relevant to mention that vide order dated 14.10.2009, this Court stayed further proceedings in Civil Misc. Case No.50/2009, pending in the Court of District Judge, Jalore, therefore, it must be in the knowledge of the respondent that a transfer application is pending in this Court. 6. I have considered the submissions of learned counsel for the applicant. 7. The applicant has annexed a copy of petition under section 9 of the Hindu Marriage Act filed by her as Annexure-2. She has also placed on record a copy of notice along with a copy of petition under Section 9 of the Hindu Marriage Act filed by respondent Dharampal as Annexure-4. It is also contended on behalf of the applicant that she has already lodged one FIR No. 298/2009 (Annexure-1) at Police Station Nihalganj, District Dholpur. 8. Since both the parties have approached the Court of law for restitution of their conjugal rights, therefore, it will be appropriate to decide both the cases together. 9. It is also contended on behalf of the applicant that she has already lodged one FIR No. 298/2009 (Annexure-1) at Police Station Nihalganj, District Dholpur. 8. Since both the parties have approached the Court of law for restitution of their conjugal rights, therefore, it will be appropriate to decide both the cases together. 9. In these circumstances, I am of the view that it will be appropriate, in the interest of justice, to transfer the case pending at Jalore to the Court of District Judge Dholpur. 10. Consequently, this transfer application is allowed and it is directed that Civil Misc. Case No. 50/2009- Dharampal v. Reena , i.e. application under Section 9 of the Hindu Marriage Act, pending in the Court of District Judge, Jalore, be transferred to the Court of District Judge, Dholpur. The District Judge, Jalore is directed to transfer the file of above case immediately to the Court of District Judge, Dholpur, who is directed to decide the same in accordance with law at the earliest. 11. A copy of this order may be sent for compliance to the Court of District Judge, Jalore as well as Dholpur.Application Allowed. *******