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2017 DIGILAW 1469 (RAJ)

VIJAY LAXMI v. KAN SINGH

2017-07-04

VIRENDRA KUMAR MATHUR

body2017
ORDER : Virendra Kumar Mathur, J. This Transfer Application has been filed under section 24 CPC, seeking transfer of Case No.59/2016 pending in the court Additional Sessions Judge No.1, Beawar, District Ajmer to the Family Court, Jodhpur. 2. In this case, notices were issued to the respondent but in spite of due service of notices to the sole respondent, no one is present on his behalf. 3. Brief facts of the case are that the petitioner married to the respondent in the year 2010. It is stated that the respondent and his parents were not happy with the petitioner and therefore, they started making illegal demands. The respondent told to petitioner that he will not keep her with him if she does not fulfill their demands. The petitioner was forced to leave her matrimonial home in the month of May 2013 and since then the petitioner has been living with her parents at Jodhpur. 4. The respondent has filed an application under section 13 of the Hindu Marriage Act before the court of Additional District & Sessions Judge, Beawar, District Ajmer. It is submitted by the petitioner that she is suffering from diseases and being a lady, it is not possible for her to attend the court at Beawar because every time one family member of petitioner is also required to accompany her. She had to travel from Jodhpur to Beawar on each date of hearing. It is also submitted that she has 4 years old daughter and she is only caretaker of her and it is not possible for her to carry her daughter on each date of hearing with her. The petitioner is a poor lady and is not having any source of income whereas the respondent is a wealthy person and having handsome income and so, it would be convenience for the respondent to come to Jodhpur if the case is transferred to the Family Court at Jodhpur. 5. It is further stated that family members of the respondent have also threatened the petitioner to face dire consequences if she would come to Beawar and the petitioner has every apprehension that if she goes to Beawar, it will be highly risky for her life and liberty. 6. 5. It is further stated that family members of the respondent have also threatened the petitioner to face dire consequences if she would come to Beawar and the petitioner has every apprehension that if she goes to Beawar, it will be highly risky for her life and liberty. 6. Considering the facts of the case, in the opinion of this Court it is a fit case to be transferred from the court of Additional Sessions Judge No.1, Beawar (Ajmer) to Family Court, Jodhpur. 7. The Transfer Application is, therefore, allowed and it is ordered that the Case No.59/2016 - Kan Singh v. Smt Vijay Laxmi, pending before the Additional District & Sessions Judge No.1, Beawar (Ajmer) be transferred to the Family Court, Jodhpur.