Vijay Laxmi Wife of Santosh Kumar v. Santosh Kumar Son of Lal Chand Chhapriband
2016-11-09
JAINENDRA KUMAR RANKA
body2016
DigiLaw.ai
ORDER : Jainendra Kumar Ranka, J. The instant application has been filed by the applicant, who is said to be wife of the respondent Santosh Kumar, and the facts brought on record by the learned counsel for the applicant is that both got married at Sambhar Lake District Jaipur on 24.4.2012 as per customs and traditions. It is further contended that the applicant is residing at Sambhar Lake and the respondent has filed divorce petition before the court of Additional District and Sessions Judge, Beawar, District Ajmer, which is at a distance of about 150 km and it is further claimed that the applicant is doing nothing and is mainly dependant upon her parents, and the applicant would be incurring unnecessary expenditure in going to and fro and at times may have to stay overnight in case the matter is not reached and listed a day later. It is also brought to the notice of court that other cases, like u/s 498-A, 406 IPC as well as 125 CrPC are pending at Sambhar Lake and it would be convenient for the respondent as well to appear before the court of Additional District Judge, Sambhar Lake, District Jaipur. 2. None appeared on behalf of the respondent, despite service. 3. In my view, taking into consideration the aforesaid facts, which have been noticed by this court, and not controverted or objected to by the respondent by non appearance, since the applicant being a female and particularly dependant on her parents and not doing anything, it would be just and proper to transfer the case pending before the court of Additional District and Sessions Judge No. 1, Beawar, District Ajmer to the court of Additional District Judge, Sambhar Lake, District Jaipur, particularly taking into consideration that other cases between the parties, namely u/s 498-A, 406 IPC and 125 Cr PC, are being conducted at Sambhar Lake, and it would be more convenient for the respondent to attend all the cases including the matter filed u/s 13 of the Hindu Marriage Act, at one place. 4. Consequently, taking into consideration the aforesaid, this Transfer Application is allowed. Divorce Petition no.
4. Consequently, taking into consideration the aforesaid, this Transfer Application is allowed. Divorce Petition no. 140/2015 titled as Shri Santosh Kumar v. Smt. Vijay Laxmi and Another, pending before the court of Additional District and Sessions Judge No. 1, Beawar, District Ajmer, is directed to be transferred to the court of Additional District Judge, Sambhar Lake, District Jaipur, at the same stage from which it was pending before the court of Additional District and Sessions Judge No. 1, Beawar, District Ajmer. 5. It is also directed that all cases pending between the parties, may be listed by the court of Additional District Judge, Sambhar Lake, District Jaipur, on the same day so that the respondent may also attend to all the cases on a single day rather than coming for different cases on different days. Since there is no appearance by the respondent, therefore, let the Additional District Judge, Sambhar Lake, District Jaipur, issue notice to the respondent and thereafter regulate the proceedings and decide in accordance with law. 6. Let a copy of this order be sent separately by the Registry to both the courts, for information.