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2015 DIGILAW 1256 (RAJ)

Neha Sharma v. Neeraj Sharma

2015-07-07

P.K.LOHRA

body2015
JUDGMENT : P.K. Lohra, J. Petitioner-wife has laid this petition for transfer under Section 24 read with Section 151 CPC. In the transfer petition, the petitioner-wife has prayed for transferring Civil Misc. Case No.577/2014 (Neeraj Sharma v. Smt. Neha Sharma) from Family Court, Bhilwara to Family Court, Pali. 2. At this stage, learned counsel for the petitioner has invited my attention to a Circular dated 05.02.2015 issued by Department of Law and Legal Affairs, Government of Rajasthan, whereby the respective District and Sessions Judges/Additional District Judges are empowered to act as Family Court in relation to matrimonial disputes and other family disputes involving the spouses, which reads as under:- ^jktLFkku ljdkj fof/k ,oa fof/kd dk;Z foHkkx dzekad% i0 2¼4½ U;k;@2014 t;iqj] fnukad% 5-2-2015 vf/klwpuk ikfjokfjd U;k;ky; vf/kfu;e] 1984 ¼lu~ 1984 dk dsUnzh; vf/kfu;e la[;k 66½ dh /kkjk 3 }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq,] jkT; ljdkj jktLFkku mPp U;k;ky; ds ijke'kZ ls ,rn~}kjk] iwoZ esa l`ftr ,oa LFkkfir leLr ikfjokfjd U;k;ky;ksa ds {ks=kf/kdkj ifjofrZr dj mudh {ks=kf/kdkfjrk egkuxj@uxj ifj"kn@uxjikfydk lhek{ks= rd ;Fkk ykxw lhfer djrh gSA lkFk gh mDr lhek {ks= dks NksM+dj 'ks"k jktLo ftyk {ks= dh ikfjokfjd U;k;ky; dh 'kfDr;ka ,oa {ks=kf/kdkfjrk] lacaf/kr LFkkuh; {ks=kf/kdkj okys ftyk U;k;ky;@vij ftyk U;k;ky;@eq[; U;kf;d eftLV~sV@vij eq[; U;kf;d eftLV~sV@U;kf;d eftLV~sV@vij U;kf;d eftLV~sV U;k;ky; dks iznku dh tkrh gSA* 3. In that background, learned counsel for the petitioner submits that the Additional District Judge, Jaitaran is also competent to act as a Family Court and decide the matrimonial dispute between the spouses. 4. The aforesaid Civil Misc. Case No.577/2014 is laid by respondent-husband for restitution of conjugal rights. It is, inter alia, averred in the application that Bhilwara is a far of place and for attending proceedings before Family Court, Bhilwara, petitioner is required to travel almost 170 kilometers and that is a use of great inconvenience to her. It is also alleged in the petition that petitioner is a lady, who is having no source of income, and therefore, it is not financial viable for her to travel all the way from Jaitaran to Bhilwara for attending proceedings in the above-mentioned case. A specific plea is also raised that proceedings at Family Court Bhilwara is launched by respondent-husband just to harass the petitioner. 5. No formal reply to the petition is filed. Moreover, nobody is present on behalf of respondent despite service to oppose the prayer made in the transfer petition. A specific plea is also raised that proceedings at Family Court Bhilwara is launched by respondent-husband just to harass the petitioner. 5. No formal reply to the petition is filed. Moreover, nobody is present on behalf of respondent despite service to oppose the prayer made in the transfer petition. 6. Earlier the matter was sent to Mediation Center for exploring possibility of settlement, but the same has not yielded desired results and the mediation failed on 14th May, 2015. 7. In this view of the matter, hardship of the petitioner deserves due credence in the transfer petition relating to matrimonial disputes, therefore, prayer made in the transfer petition is allowed. 8. It is, hereby, ordered that Civil Misc. Case No.577/2014 (Neeraj Sharma v. Smt. Neha Sharma) pending before Family Court, Bhilwara is, hereby, transferred to Additional District Judge, Jaitaran for its disposal in accordance with law. Family Court, Bhilwara is directed to send record of the case to Additional District Judge, Jaitaran forthwith. Petition allowed.