ANURADHA HALDHANI Vs. SAMEER HALDHANI

JUDGEMENT

(1.) The instant transfer application under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the applicant-wife seeking transfer of the petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act, 1955 (afterwards referred to as "the Act of 1955") read with Section 7 of the Family Court Act and Section 151 of C.P.C., by the non-applicant -husband bearing Case No. 744/2020 titled as "Sameer Haldhani v. Smt. Anuradha Haldhani & Ors." from Family Court No. 1, Jaipur Metropolitan (First) to Family Court, Ajmer.

(2.) Brief facts of the case are that the marriage between the applicant No. 1 and non-applicant was solemnized on 17.04.2009 at Ajmer in accordance with Hindu rites; out of said wedlock, the applicant-wife has given birth to a baby child, viz. Ms. Yashasvi on 29.07.2012. The applicant-wife alleged that she was treated with cruelty in connection with dowry demands. She was expelled from matrimonial home with her 8 years daughter on 12.07.2020. She is residing with her parents. She is housewife having no independent source of income for maintaining herself and her daughter. An FIR has been lodged on the complaint filed by the applicant-wife under Sections 498-A, 406, 120-B, 323 and 354(B) I.P.C. and Section 4/6 of the Dowry Prohibition Act at Ajmer. She has also filed an application under Section 125 Cr.P.C. against the non-applicant-husband in the Family Court, Ajmer on 01.09.2020. She has also filed an application under the provisions of Protection of Women from Domestic Violence Act, 2005 against the non- applicant-husband and her in-laws in the Court of Judicial Magistrate No. 3, Ajmer on 01.09.2020. All the above three proceedings are pending at Ajmer. The non-applicant-husband has filed an application under Section 9 of the Act of 1955 against the applicant-wife in the Family Court No. 1, Jaipur Metropolitan seeking decree of restitution of conjugal rights, which is registered as Case No. 744/2020, in which show cause notice was issued to the applicant-wife on 17.08.2020. In compliance of the notice, she appeared before the Family Court No. 1, Jaipur on 16.09.2020, on which date, when the applicant-wife was coming to the Court, the non-applicant-husband stopped her way with some mischievous persons and threatened her. The non-applicant has deliberately filed the above application on fictitious grounds just to harass and humiliate the applicant-wife. The applicant- wife is helpless to attend and contest the matter in the Family Court No. 1, Jaipur as she is having 8 years old daughter, who is residing with her. On the above grounds, the present transfer application has been filed by the applicant-wife.

(3.) In reply to the transfer application, the factum of marriage of the parties has been admitted by the non-applicant but rest of the averments made in the application have been denied. It is submitted that a petition is pending for custody of minor daughter, viz. Ms. Yashasvi before the Family Court, Ajmer at the instance of the non-applicant. The non-applicant is always ready and willing to discharge matrimonial obligations and to take care of upbringings of his daughter and to maintain his wife also. Since it was the second marriage between the parties, therefore, no question arises for any dowry demand. The daughter of the non- applicant was studying in Bright Land Senior Secondary Girls School, Vaishali Nagar, Jaipur in Class - III. The non-applicant was regularly making payment of school fees and conveyance charges of his daughter and is taking care of education of his daughter. The non-applicant is always ready and willing to keep his wife with him along with minor daughter. The criminal proceedings initiated by the applicant-wife against the non- applicant are merely pressure tactics. The applicant-wife left the matrimonial house at Jaipur and the spouse last resided together at Jaipur, therefore, the Court at Jaipur is having jurisdiction to try the matter relating to restitution of conjugal rights. It is very difficult for the non-applicant to move from Jaipur to Ajmer on each and every date of hearing. The number of petitions have been filed by the applicant-wife just in order to humiliate the non- applicant. On these premises, the non-applicant-husband has prayed to dismiss the transfer application filed by the applicant- wife.