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Judgment
This Transfer Application under sec.24 CPC has filed seeking transfer of Civil Misc. Case No.68/2016 (Mukesh Barad v. Smt Varsha Chayal, filed by the respondent under sec.9 of the Hindu Marriage Act, pending before the District Judge, Sirohi to the Family Court at Jaipur.
Briefly stated, the marriage of the parties was solemnized on 23.11.2008 and one male child born out of the wedlock. The petitioner was subjected with cruelty, mental agony and harassment by her in-laws for demand of dowry. Under compelling circumstances, the petitioner is residing with her parents at Jaipur.
She has filed an application under secs.12 & 23 of the Domestic Violence Act, 2005 against the respondent, which is pending before ACJM No.2, Jaipur Metropolitan. A criminal case has also been filed by her against the respondent under secs.498A and 406 IPC, which was registered at Mahila Thana, Jaipur.
The respondent husband has filed an application under sec.9 of the Hindu Marriage Act for restitution of conjugal rights before the District Judge, Sirohit, which was registered as Civil Misc. Case No.68/2016.
Nobody has appeared for the respondent even after service.
Heard learned counsel for the petitioner.
On the facts averred in the application, it is submitted that the petitioner is a lady and more so, she is having no sufficient means to support herself and to incur the expenses for travelling to defend in the case filed by the respondent husband at Sirohi.
It is true that the respondent husband is already coming to Jaipur for defending case filed by the petitioner under secs.12 & 23 of the Domestic Violence Act and also the criminal case registered under secs.498A and 406 IPC . In the facts and circumstances of the present case, this is a fit case where the court should look into inconvenience of the petitioner lady.
Looking to the distance between Jaipur and Sirohi, the petitioner being a lady having young child and having no sufficient means; it would be proper and just to allow this application for transfer of the case filed by the respondent from Sirohi to Jaipur.
Accordingly, this Transfer Application is allowed and Civil
Misc. Case No.68/2016 (Mukesh Barad v. Smt Varsha Chayal) is ordered to be transferred from the court of District Judge, Sirohi to the Family Court at Jaipur.