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Judgment
Arun Bhansali, J.—Heard learned counsel for the parties.
This petition has been filed by the wife seeking transfer of proceedings filed by the respondent himself u/s 13 of the Hindu Marriage Act, 1955 (''the Act'') seeking dissolution of marriage at Barmer.
The petition has been filed inter-alia on the ground that the proceedings u/s 498A IPC launched by the petitioner is pending at Sirohi, the petitioner is required to lookafter a minor child and it is inconvenient for her to visit Barmer on every date, therefore, the proceedings be transferred from Barmer to Sirohi.
A detailed reply has been filed by the respondent, inter-alia, with the averments that the proceedings u/s 498A IPC has been launched by the petitioner as a counter blast and not only that, after filing of the proceedings by the respondent at Barmer, the petitioner has filed proceedings u/s 9 of the Act and has also initiated proceedings seeking custody of the minor child, who, in fact, is with the respondent and the entire petition is based on false ground and cannot be said to be bonafide.
I have considered the rival submissions.
In para 5, grounds (d) & (f) of the petition, the petitioner has projected before this Court that she is a lady and having a minor child, which is causing her inconvenience and on account of humanitarian angle with a due consideration of the petitioner, who is a lady and having a minor child, the petition which is pending at Barmer should be transferred to Sirohi.
The averments made in the reply regarding the fact that the petition is not bonafide and the same is based on false averments, has not been controverted by way of filing a rejoinder. Further the fact that the proceedings seeking custody of the minor child are also pending at Sirohi, have also not been controverted, conclusively goes to show that the child is not with the petitioner and the averments in the petition has been made only with a view to invoke sympathy of this Court.
The conduct of the petitioner in making false averments in the petition and supporting the same with affidavit cannot be appreciated and the petition filed is apparently malafide and the same is, therefore, dismissed.