KOMAL Vs. DEEPAK KUMAR

JUDGEMENT

(1.) Instant transfer application under Sec. 24 of the Code of Civil Procedure, 1908 has been preferred on behalf of the petitioner- wife seeking transfer of the Divorce Petition bearing No.217/2019 titled as Deepak Kumar Vs. Komal filed under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') by the respondent-husband, from the Court of Additional District Judge, No.1, Rajgarh District Churu to the concerned Family Court, Jhunjhunu.

(2.) Learned counsel appearing for the petitioner-wife submits that the petitioner-wife had lodged an F.I.R. against the respondent- husband and his family members for offences punishable under Ss. 498-A and 406 of I.P.C. Counsel further submits that the petitioner-wife filed an application under the Protection of Women From Domestic Violence Act, 2005 against the respondent-husband and his family members before the Court of learned Chief Judicial Magistrate, Jhunjhunu and also filed an application under Sec. 125 of Cr.P.C. for maintenance against the respondent-husband before the learned Family Court at Jhunjhunu, which are still pending for adjudication. Counsel also submits that the respondent-husband has filed the divorce petition only to harass the petitioner and threatened her to withdraw the aforesaid cases. Counsel contends that the petitioner-wife alongwith her two children is presently living with her parents in Jhunjhunu. Furthermore, the financial condition of the petitioner is very poor and she is dependent on her parents and, therefore, she is not in a position to travel the distance of about 150 kms., from Jhunjhunu to Rajgarh to defend her case. Counsel further contends that there is no one in her family to accompany her to Rajgarh for defending the aforesaid case. Counsel also contends that in another cases i.e. under the Protection of Women From Domestic Violence Act, 2005 and under Sec. 125 of Code of Criminal Procedure, 1973, the criminal trial is pending at the Family Court, Jhunjhunu and the Chief Judicial Magistrate, Jhunjhunu, respectively. Thus, there is no difficulty for the respondent to defend all the cases in Jhunjhunu. Lastly, counsel prays that the application under Sec. 13 of the Act of 1955 filed by the respondent may be transferred from the Court of Additional District Judge, No.1, Rajgarh District Churu to the Family Court, Jhunjhunu.

(3.) In support of his contention, learned counsel appearing for the petitioner-wife, has relied upon the following judgments of this Court :- (i) Anshu Bhatnagar Vs. Rajendra Bhatnagar, reported in 2013 (1) DNJ (Raj.) 139, (ii) Smt. Anjesh Kanwar Vs. Rajpal Singh Bhati (S.B. Civil Transfer Application No.220/2018) decided on 12/4/2019, (iii) Smt. Seema Vs. Navaratan Pitti (S.B. Civil Miscellaneous Transfer Petition No.14/2015) decided on 10/8/2015' and (iv) Smt. Ranjana Vs. Manoj Kumar (S.B. Civil Miscellaneous Transfer Petition No.37/2015) decided on 5/8/2016.