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2018 DIGILAW 1475 (RAJ)

Narbada @ Neelu W/o Rakesh Nayak, D/o Ghasiram Nayak v. Rakesh Nayak S/o Ratan Lal Nayak

2018-07-12

ARUN BHANSALI

body2018
ORDER : 1. This transfer application has been filed by the applicant – wife seeking transfer of proceedings pending before the Family Court No.1, Jodhpur to Family Court, Bhilwara. 2. It is, inter alia, indicated in the application that the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, before the courts at Bhilwara. An FIR was also lodged by the petitioner, in which, challan has been filed against the respondent and charges have been framed. Whereafter, the present proceedings under Section 9 of the Hindu Marriage Act, 1955 has been filed by the respondent before the Family Court No.1, Jodhpur. 3. It is, inter alia, indicated that the present proceedings have been initiated at Jodhpur only with a view to harass the petitioner as already inter-se proceedings are pending before the courts at Bhilwara, which are required to be attended by the respondent. The petitioner is to look after her three children and, therefore, it is inconvenient for her to attend the proceedings at Jodhpur and, therefore, the proceedings at Family Court No.1, Jodhpur be transferred to Family Court, Bhilwara. 4. Despite service, no one has put in appearance on behalf of the respondent. 5. In the circumstances of the case, wherein the petitioner had initiated proceedings earlier, which are already pending in courts at Bhilwara, the subsequent proceedings filed by the respondent pertaining to the matrimonial dispute also deserves to be transferred to Bhilwara. 6. Consequently, the transfer application is allowed. The Application No.72/2017 pending before the Family Court No.1, Jodhpur is ordered to be transferred to Family Court, Bhilwara. In other proceedings between the parties, the next date fixed is 26.9.2018, the parties shall appear before the Family Court, Bhilwara on the said date. The Family Court No.1, Jodhpur is directed to remit the record immediately.