Pawan Kumari Mewara alias Pooja v. Dilip Kumar Mewara
2019-07-15
PUSHPENDRA SINGH BHATI
body2019
DigiLaw.ai
JUDGMENT : PUSHPENDRA SINGH BHATI, J. Despite service, none appears for the respondent. 2. The petitioner has preferred this transfer application under Section 24 CPC arising out matrimonial dispute. 3. Counsel for the petitioner submits that criminal case under Section 23 of Domestic Violence Act; criminal case arising out of FIR No. 66/2017 P.S. Mahila, Jodhpur for offence under Sections 498-A, 323 and 406 IPC etc., are going at various courts at Jodhpur. Further, counsel for the petitioner submits that petitioner's son is minor, so also, she is receiving threats from the family members of respondent while going to Pali, which is at a distance of more than 60-70 Kms. 4. Counsel for the petitioner has placed reliance on “Pratioha Kumari v. Mukesh Kumar Singh,” reported in, Vol. I (2014) DMC 546 (SC) and “Asma Parveen v. Javed Bhati” reported in 2018 (2) DNJ (Raj.) 752 : 2018 (4) RLW 3511. 5. On an overall consideration of facts and circumstances of the case and in light of the aforementioned precedent law, this Court deems it appropriate to allow the present transfer application. 6. Consequently, the present transfer application is allowed; Civil Case No. 186/2017 (Dilip Kumar v. Smt. Pawan Kumari,) pending at Family Court, Pali under Section 13 of Hindu Marriage Act, 1955 with requisite record is ordered to be transferred to Family Court, Jodhpur forthwith. 7. Stay Petition No. 1048/2018 stands disposed of accordingly.