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2017 DIGILAW 2143 (RAJ)

Vijaylaxmi v. Harendra Kumar

2017-10-05

VIRENDRA KUMAR MATHUR

body2017
JUDGMENT : Virendra Kumar Mathur, J. This Transfer Application under section 24 CPC has been filed for transfer of Civil Original Case No. 53/2017 (Harendra Kumar v. Smt Vijaylaxmi), pending before the Family Court, Merta to the Family Court at Jodhpur. 2. Briefly stated, marriage between the parties was solemnized on 06.07.1999 and two children born out of the wedlock. Both the children are living with the petitioner as the respondent husband is not maintaining them properly. On account of ill-treatment and harassment from her in-laws and for the reason that the respondent husband is not maintaining her properly, the petitioner under the compelling circumstances is residing with her parents at Jodhpur. She has filed an application for grant of maintenance under section 125 Cr.P.C , 1973before the Family Court No. 1, Jodhpur, which is pending consideration. A petition under Protection of Women from Domestic Violence Act is also pending before Additional Munsif Magistrate No. 5, Jodhpur. 3. It was also contended that earlier the respondent husband filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Family Court, Merta and a Transfer Application was filed by the petitioner before High Court for transferring that petition under section 9 of the Hindu Marriage Act and the case was transferred to the Family Court at Jodhpur vide order dated 08.09.2016. The respondent, after withdrawing aforesaid petition under section 9, has now filed an application under section 13 of the Hindu Marriage Act for getting decree of divorce against the petitioner before the Family Court, Merta. Under these circumstances, present Transfer Application has been filed for transfer of the divorce petition from Merta to Jodhpur. 4. Notices of the petition were issued. After service of notices, time was sought for filing reply. Last opportunity for filing reply was granted to the respondent on 13.09.2017 but till today no reply has been filed. 5. The petitioner is presently living with her parents at Jodhpur. She has two minor girl children born out of the wedlock. It is contended that she does not have any independent source of income and one case for grant of maintenance under section 125 Cr.P.C , 1973is pending before Family Court, Jodhpur and another case under Domestic Violence Act is also pending before Additional Munsif Magistrate No. 5, Jodhpur. She has two minor girl children born out of the wedlock. It is contended that she does not have any independent source of income and one case for grant of maintenance under section 125 Cr.P.C , 1973is pending before Family Court, Jodhpur and another case under Domestic Violence Act is also pending before Additional Munsif Magistrate No. 5, Jodhpur. In both these cases, the respondent is required to attend and contest before the courts at Jodhpur. 6. Previously, looking to the inconvenience of the petitioner, petition under section 9 of the Hindu Marriage Act filed by the respondent was ordered to be transferred from Merta to Jodhpur. That petition was withdrawn by the respondent and now a divorce petition has been filed by him before the Family Court at Merta. In the present facts and circumstances of the case, it is very inconvenient for a lady having two minor girl children to travel all alone from Jodhpur to Merta, on each & every date of hearing. The respondent is already coming to Jodhpur to attend hearing in cases pending against him for grant of maintenance and in the other case under Domestic Violence Act. In such circumstances, it would not be difficult for him if the divorce petition is also transferred from Merta to Jodhpur. 7. In view of aforesaid and in light of judgment of Hon'ble Supreme Court in Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap reported in 2016 (4) WLN 237 (SC), it is a fit case to be transferred. 8. Accordingly, this Transfer Application is allowed and the Civil Original Case No. 53/2017 (Harendra Kumar v. Smt Vijaylaxmi), filed by the respondent under section 13 of the Hindu Marriage Act, pending before the Family Court, Merta is ordered to be transferred to the Family Court at Jodhpur.