JUDGMENT : Dinesh Mehta, J. Despite service of the notice nobody has put in appearance on behalf of the respondent. 2. The transfer application is therefore, being decided, after considering the submissions of learned counsel for the applicant. 3. Mr. Moti Singh, learned counsel for the applicant stating the facts of the case submitted that the respondent-Govind Kumar husband of the petitioner had instituted a petition for dissolution of marriage under section 13 of the Hindu Marriage Act, 1955 on 08.07.2015, which was registered as case No. 14/2015 in the Family Court, Ajmer. 4. Learned counsel for the applicant submitted that the applicant got married with the respondent according to Hindu rituals on 03.06.2011, which was solemnised at village Khiwanda, District Pali. Where after, their marital life got disturbed as a result of the conduct of the husband, who demanded dowry. The applicant therefore, has lodged an F.I.R No. 342/2013 under Sections 498A, 406 and 323 I.P.C in the Police Station Sumerpur. 5. The proceedings pursuant to the said F.I.R are continuing before learned Additional Chief Judicial Magistrate, Sumerpur. Narrating the facts stated above, learned counsel for the applicant submitted that the applicant is an illiterate lady, solely dependent upon her parents, is residing in her small village Khiwanda, Police Station Sumerpur, District Pali. Mr. Moti Singh submitted that taking up journey to Ajmer for defending the present suit, under section 13 of the Hindu Marriage Act, 1955, is burdensome for her as it involves financial burden as well, besides the travelling time. 6. He added that the applicant has to undertake the journey to Ajmer, for which some of her family members has to accompany her, whereas the respondent-Govind Kumar, serving in Railways at Ajmer can conveniently participate in the proceedings at Pali. 7. Learned counsel for the petitioner informed that the Additional District Judge, Sumerpur has been empowered under the Act and the relevant Rules to deal with the matter arising from Hindu Marriage Act, 1955. In the backdrop of these facts he prayed that the present case be transferred to said court at Sumerpur. 8. Heard learned counsel for the applicant and perused the material available on record. 9.
In the backdrop of these facts he prayed that the present case be transferred to said court at Sumerpur. 8. Heard learned counsel for the applicant and perused the material available on record. 9. Appraisal of the factual matrix of the case reveals that the petitioner had already instituted criminal proceedings against the respondent - husband, for demand of dowry and physical assault; which are pending in the court of Additional Chief Judicial Magistrate, Sumerpur and the applicant, an illiterate lady is residing with her parents in her village near Sumerpur. It would be in the fitness of the thing that the present case filed under section 13 of the Hindu Marriage Act, 1955, pending before the Family Court, Ajmer be transferred to Additional District Court, Sumerpur. In the facts of the present case, it is deemed expedient and hence ordered that the Civil Suit No. 14/2015 titled as "Govind Kumar v. Smt. Kamla" pending in the Family Court, Ajmer shall stand withdrawn from that Court and transferred to the Additional District Judge, Sumerpur. 10. A copy of this order be sent to the Family Court, Ajmer as well as to the Additional District Judge, Sumerpur, so as to ensure transmission of the record of the case aforesaid, to the Additional District Judge, Sumerpur. 11. The transfer application stands allowed, as indicated above.