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2017 DIGILAW 1379 (RAJ)

Renu Kanwar Alias Teena, daughter of Shri Narayan Singh v. Ganga Singh Shekhawat @ Pramod, s/o Late Shri Arjun Singh

2017-05-30

JAINENDRA KUMAR RANKA

body2017
ORDER : Jainendra Kumar Ranka, J. 1. The instant transfer application has been filed by the applicant Smt. Renu Kanwar @ Teena, who is said to be wife of respondent Ganga Singh Shekhawat @ Pramod, seeking transfer of Petition No. 320/2016 filed by the respondent husband, titled Ganga Singh v. Renu Kanwar, pending before Family Court, Sikar, for annulment of marriage u/s 12 of the Hindu Marriage Act, 1955, to Family Court No. 1, Jaipur. 2. It is brought on record by learned counsel for the applicant that marriage between the parties was solemnised on 10.3.2015 at Jaipur as per the Hindu custom & traditions. On account of certain disputes & differences between the parties, the applicant left her matrimonial home and shifted to Jaipur to live with her parents, and it is pleaded that the applicant is an illiterate lady, doing nothing and is wholly dependant on her father and, therefore, seeks indulgence that since she is unable to spend amount on frequent visits to Sikar before the Family Court as and when the matter is listed. It is also claimed that the applicant has filed FIR against the respondent husband u/s 498-A/406 IPC, and a complaint u/s 12 of the Domestic Violence Act at Jaipur, where the respondent is appearing and, therefore, it would be convenient for the respondent also to attend the present proceedings at Jaipur as and when the matters are listed. 3. Per contra, learned counsel for the respondent seriously objects to transfer of the petition pending before Family Court, Sikar, mainly contending that the distance between Sikar and Jaipur is less than 120 km and it will not be difficult for the applicant to visit Sikar as and when the matter is listed, and even the expenditure is quite minimal. 4. I have heard learned counsel for the parties and have gone through the material available on record. 5. Taking into consideration the aforesaid facts, in my view, the application deserves indulgence and convenience of the applicant is required to be taken into consideration as it is stated that she is illiterate and not doing anything and to spend further amount would be an additional burden on her parents who are otherwise maintaining the applicant. 5. Taking into consideration the aforesaid facts, in my view, the application deserves indulgence and convenience of the applicant is required to be taken into consideration as it is stated that she is illiterate and not doing anything and to spend further amount would be an additional burden on her parents who are otherwise maintaining the applicant. It is also a fact that two other cases are pending trial at Jaipur and respondent is attending to those proceedings, and it would be appropriate to transfer Petition No.320/2016 pending before the Family Court, Sikar, to Family Court No.1, Jaipur, so that on a fixed date all the matters relating to the parties may be taken up, which is not only convenient to the courts but also to the parties and in particular to the respondent as well who will have to come once whenever the matters are listed, for all the cases. 6. Let all the concerned courts be informed accordingly and let learned counsel may inform their respective parties to appear before Family Court No.1, Jaipur, on 23.6.2017, thereafter the Family Court No.1, Jaipur, shall take up the proceedings from the same stage as pending before the Family Court, Sikar, and all other matters be consolidated and fixed on the same day for the convenience of the parties. Family Court No.1, Jaipur, will thereafter regulate the proceedings. Let the records be transferred expeditiously from Family Court, Sikar to Family Court No.1, Jaipur. 7. Accordingly, the transfer application stands allowed and disposed of.