Research › Search › Judgment

Rajasthan High Court · body

2018 DIGILAW 1720 (RAJ)

DIKSHA GEHLOT v. YOGESH GEHLOT

2018-08-14

ARUN BHANSALI

body2018
JUDGMENT Arun Bhansali, J. This petition under Section 24 CPC has been filed by the petitioner seeking transfer of proceedings pending before the Family Court, Pali to Family Court No.1, Jodhpur. It is, inter-alia, indicated in the petition that the parties were married on 01.07.2014 at Jodhpur, petitioner was treated with cruelty by the respondent and his family members. Out of the wedlock, one daughter namely Girisha was born, who is presently 13 months old and is residing with the petitioner. It is alleged that the petitioner was thrown out of her matrimonial home and is presently residing at Jodhpur with her daughter. Certain averments have been made regarding petitioner's willingness to stay with her husband and allegations have been made against parents of the respondent regarding their behaviour. 2. It is indicated that respondent has initiated proceedings under Section 13 of the Hindu Marriage Act, 1955 ('the Act of 1955') before the Family Court, Pali for dissolution of marriage, which proceeding, it is alleged has been filed to harass the petitioner. 3. The averments have been made regarding petitioner having initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 ('the Act of 2005'), Section 9 of the Act of 1955, proceedings under Section 125 Cr.P.C. and criminal proceedings against the respondent before the courts at Jodhpur. The averments have been made that it is difficult for the petitioner to regularly visit Pali to participate in the proceedings pending before the Family Court, on account of the fact that she is required to look-after her daughter as well and that several matters are already pending in Jodhpur wherein the respondent is attending the said hearing. It is prayed that the proceedings be ordered to be transferred to Family Court No.1, Jodhpur. 4. The respondent present in person, contested the averments made. It is submitted that the behaviour of the petitioner is extremely cruel, inasmuch as, even during the mediation proceedings, she has physically abused the respondent and that in case, the matter is transferred to Jodhpur, the same would lead to undesirable situation. However, it is not denied that several matters initiated by the petitioner are pending before the courts at Jodhpur. 5. However, it is not denied that several matters initiated by the petitioner are pending before the courts at Jodhpur. 5. Alternatively, submissions were made that in case the matter is transferred from Pali to Jodhpur, the respective courts may be directed to fix identical dates in all the matters so that the respondent is required to visit Jodhpur only once for all the matters on the said date. 6. I have considered the submissions made on behalf of the petitioner and the respondent, who has appeared in person. The proceedings have been initiated by the respondent at Pali and subsequent thereto, several proceedings have been initiated by the petitioner before the courts at Jodhpur. The details whereof are as under :- Court Case No. Provision Next date ACJM No.3, Jodhpur 431/2018 Section 12 of the Domestic Violence Act 06.09.2018 Family Court No.1, Jodhpur 255/2018 Section 125 Cr.P.C. 10.09.2018 Family Court No.1, Jodhpur 65/2018 Section 9 of the Hindu Marriage Act 10.09.2018 Family Court No.1, Jodhpur 46/2018 Section 25 of the Hindu Marriage Act 10.09.2018 Judicial Magistrate No.2, Jodhpur Criminal proceedings 07.09.2018 7. In view of the fact that already the respondent is required to attend the hearings at Jodhpur in all the matrimonial proceedings initiated by the respondent, it would be in fitness of things that the matter pending at Pali is also transferred to Jodhpur. There is substance in the submissions made by respondent that the courts may be directed to fix identical dates in all the matters so as to make it convenient for the respondent to attend the hearings in all the matters on one date. 8. In view thereof, the application filed by the petitioner is allowed. Case No.181/2017 pending before the Family Court, Pali is directed to be transferred to Family Court No.1, Jodhpur. As in other matters pending before the Family Court No.1, Jodhpur, the next date fixed is 10.09.2018, the parties shall appear before the Family Court No.1, Jodhpur on 10.09.2018 in the present case also. 9. The Family Court No.1, Jodhpur shall fix same date in all the above matters. As in other matters pending before the Family Court No.1, Jodhpur, the next date fixed is 10.09.2018, the parties shall appear before the Family Court No.1, Jodhpur on 10.09.2018 in the present case also. 9. The Family Court No.1, Jodhpur shall fix same date in all the above matters. Further, the Court of ACJM No.3, Jodhpur as well as the Judicial Magistrate No.2, Jodhpur, would ensure that the dates as fixed before the Family Court No.1, Jodhpur in other matters are normally fixed in the matters pending before them unless there are compelling circumstances to fix any date different from the date as fixed by the Family Court No.1, Jodhpur. To start with the matters fixed before the Court of ACJM No.3, Jodhpur as well as the Judicial Magistrate No.2, Jodhpur i.e. 06.09.2018 & 07.09.2018 respectively shall also be adjourned to 10.09.2018/matters would be taken up on 10.09.2018.