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2018 DIGILAW 1647 (RAJ)

Abha Mayank v. Gajraj Singh

2018-08-06

ARUN BHANSALI

body2018
JUDGMENT Arun Bhansali, J. Applications have been filed by the applicant seeking transfer of proceedings pending before Family Court No.1, Jaipur Metro to Family Court No.1, Jodhpur. 2. It is, inter alia indicated in the applications that proceedings initiated by the petitioner are already pending at Jodhpur, and that the proceedings have been initiated at Jaipur by the respondent under Section 9 of the Hindu Marriage Act, 1955 and Section 25 of the Guardians and Wards Act, 1890. 3. It is submitted that on account of the fact that petitioner is required to look after her minor child, it is difficult for her to attend the hearings at Jaipur along with her minor child and the respondent in any case is attending the hearings in other matters at Jodhpur, therefore, proceedings pending at Jaipur may be transferred to Jodhpur. 4. By order dated 07.05.2018, after several opportunities for filing reply, one more opportunity was granted to the respondent on cost of Rs. 1,000/- in each case by this Court, however, the same has not been filed. 5. On 09.07.2018, again time was sought and another opportunity on making payment of total cost of Rs. 2500/- and Rs. 1,500/- respectively, last opportunity was granted to the respondent to file reply, and it was directed that in case either the cost is not paid or reply is not filed by the next date, the matter shall proceed without the reply. 6. Learned counsel for the respondent submits that the respondent on account of his heavy drinking habit, is not in a position to appear and/or contest the matter and in case the matter is transferred to Jodhpur, he would not be able to attend the hearing and therefore, the applications be rejected. 7. In the overall facts and circumstances of the case, wherein more than one proceedings are already pending before the Courts at Jodhpur and present proceedings are also going on at Jaipur and the petitioner herein is required to attend the hearing at Jaipur along with her minor child which necessarily would result in inconvenience to her, which looking to the circumstances of the case, cannot obviously be obviated by the respondent by compensating her by making payment for travel and in these circumstances, the matters pending at Jaipur are required to be transferred to Jodhpur. 8. 8. Consequently, the transfer applications filed by the petitioner are allowed, case No. 856/2017 filed under Section 25 of the Act of 1890 and case No. 1442/2017 filed under Section 9 of the Act of 1955 pending before Family Court No.1, Jaipur Metro are ordered to be transferred to Family Court No.1, Jodhpur Metro. The parties shall appear before Family Court No.1, Jodhpur Metro on 13.09.2018. 9. The record of both the cases be transferred by the Family Court No.1, Jaipur Metro to Family Court No.1, Jodhpur Metro, immediately.