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2016 DIGILAW 1136 (RAJ)

Lila v. Nanaka Ram

2016-08-05

DEEPAK MAHESHWARI

body2016
JUDGMENT : Deepak Maheshwari, J. Heard learned counsels for both the sides. 2. Learned counsel for the applicant submits that applicant Smt. Lila is residing with her old aged parents and further she has got 9 year old boy to be looked after, therefore, it is difficult for her to come to Jodhpur where case filed under Section 13 of Hindu Marriage Act, 1956, by the non-petitioner is pending. He has also contended that when Smt. Lila came to attend the case at Jodhpur, non-petitioner threatened her with dire consequences so this threats to her security also. So the Case No. 78/2012 titled as Nanak Ram v. Smt. Lila may be transferred from Family Court No. 2 Jodhpur to Family Court Pali. 3. Learned counsel for the respondent has filed the reply and has argued that non-petitioner Nanak Ram is living with his very old aged mother whom he has to take care of. There is no case pending between the parties at Pali. The case filed by petitioner for the offences under Section 498-A, 406 and 323 IPC has been decided on 8th April, 2013 whereby the non-petitioner was acquitted. He also submits that he is paying the amount of maintenance allowance regularly to the applicant as per the order passed in the petition filed by applicant under Section 125 Cr. P. C. which came to be decided in the year 2012. 4. In the light of the above facts, it is clear that there is only one case pending between the parties which is at family Court No. 2 Jodhpur. No case is pending at any Court in Pali. 5. Learned counsel for the applicant has not been able to show what action the petitioner has initiated on being threatened by non-petitioner. Both the parties are having their parents in old age, so it cannot be considered the ground in favour of anyone of them. Both the cities Pali and Jodhpur are well-connected, so it cannot be presumed that it may create a lot of difficulty for the petitioner to come from Pali to Jodhpur where the case is pending. 6. Taking all these facts and circumstances into consideration, no ground is made out to allow this transfer application. Hence, this transfer application is rejected.