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Rajasthan High Court · body

2022 DIGILAW 1156 (RAJ)

Ankita Singh v. Neeraj Singh

2022-04-08

RAMESHWAR VYAS

body2022
ORDER 1. The instant petition under Section 24 of Civil Procedure code has been filed by the petitioner - wife, seeking transfer of divorce petition under Section 13 of Hindu Marriage Act - Civil Misc. Application No. 49/2019 titled as Neeraj Singh vs. Ankita Singh, filed by the respondent - husband against her, from Family Court, Chittorgarh to the Family Court, Bhilwara. 2. None present for the respondent, inspite of service of notice. 3. In the transfer petition, it is averred that the marriage between the parties was solemnized on 29.5.2010 as per Hindu rites and customs. Out of their wedlock, one daughter named Aditri was born in the year 2017. With the birth of a girl child, the in-laws were not happy. The family members of the husband of the petitioner started ill-treating the petitioner and later on the petitioner was turned out of her matrimonial home by her in-laws. To maintain the matrimonial life, the petitioner filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The respondent - husband upon receipt of summons of application under Section 9 of Hindu Marriage Act, denied all the allegations and pleaded that he does not want to live with the petitioner. The respondent - husband filed divorce petition under Section 13 of the Hindu Marriage Act before the Family Court, Chittorgarh. 4. Heard the learned counsel for the appellant. 5. Learned counsel for the petitioner submits that the petitioner is a lady having a minor daughter aged about 4 years. She is living with her old widow mother. Petitioner resides at Bhilwara and she is not in a position to attend the court proceedings pending before the Family Court, Chittorgarh carrying with her four years old minor daughter. The petitioner is residing at a distance of about 150 to 200 kms away from the Chittorgarh. The respondent - husband has filed the divorce petition at Chittorgarh just to harass the petitioner. In the above circumstances, petitioner prays to transfer the case pending in the Family Court at Chittorgarh to Family Court, Bhilwara. 6. The grounds raised have not been rebutted by the respondent. Respondent did not make his presence in response to notice sent to him. 7. In the above circumstances, petitioner prays to transfer the case pending in the Family Court at Chittorgarh to Family Court, Bhilwara. 6. The grounds raised have not been rebutted by the respondent. Respondent did not make his presence in response to notice sent to him. 7. Looking to the grounds raised by the petitioner, seeking transfer of case pending against her, this Court is of the view that there are valid and reasonable grounds available in her favour for allowing this transfer petition. Petitioner is a lady, who resides presently at Bhilwara. It will be most inconvenient for the petitioner to travel from Bhilwara to Chittorgarh alongwith her minor daughter. Respondent filed the divorce petition under Section 13 of Hindu Marriage Act only after filing of application under Section 9 of Hindu Marriage Act for restitution of conjugal rights by the petitioner. 8. Resultantly, the instant transfer petition is allowed. divorce petition filed under Section 13 of Hindu Marriage Act - Civil Misc. Application No. 49/2019 titled as Neeraj Singh vs. Ankita Singh, pending before Family Court, Chittorgarh is ordered to be transferred to the Family Court, Bhilwara. 9. Let the parties shall appear before the Family Court, Bhilwara on 9.5.2022 and thereafter, the Family Court, Bhilwara would regulate the hearing. 10. A copy of this order be sent to the Family Court, Chittorgarh as well as Family Court, Bhilwara for information and necessary compliance.