Chuni Devi vs Narpat Singh

Arun Bhansali, J.—This petition under Sec. 24 CPC has been filed by the petitioner-wife seeking transfer of Civil Original Case No. 135/2013 (Narpat Singh vs. Smt. Chuni) filed by the respondent pending before learned District Judge, Balotra to Family Court, Jodhpur. Several averments have been made in the petition seeking to question the validity of the proceedings on the ground that the parties have not entered into wedlock and there is no question of maintaining the petition under Sec. 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. It is, further alleged in the petition that the petitioner fears for her life if she goes to Balotra, however, no material has been based on record to indicate any such situation. The distance between Jodhpur to Balotra is merely 110 kms., which cannot be said to be such a distance so as to cause in convenience to the petitioner.

Consequently, there is no substance in the transfer petition and the same is, therefore, dismissed. The stay petitioner is also dismissed.