LATAA NAWANI Vs. HIMANSHU NAWANI

JUDGEMENT

(1.) Instant transfer application under Section 24 CPC seeking transfer of application under Section 9 of the Hindu Marriage Act filed by husband bearing case No.842/2020 : Himanshu Nawani Vs. Latta Nawani, pending in Family Court No.1, Jaipur Metropolitan, Jaipur to the Family Court, Jodhpur has been filed by the wife, petitioner herein.

(2.) As per averments made in the petition, marriage between the parties was solmenized on 10.02.2012 at Jodhpur. Petitioner is resident of Jodhpur; petitioner has been treated with cruelty by her husband, she was beaten repeatedly by her husband. She left her matrimonial home and lodged an FIR against the respondent and her in-laws for the offences under Sections 498A, 406, 323 & 354 IPC at police station Mahila Thana, Jodhpur City West.

(3.) Petitioner is a poor lady having no source of income; she is unable to maintain herself and cannot bear the litigation expenses. Respondent filed an application under Section 9 of the Hindu Marriage Act, which is pending in Family Court, Jaipur. Petitioner is not in a position to attend the Court proceedings at Jaipur, as she is already attending the Court proceedings at Jodhpur and preparing for competitive examinations so that she can make herself independent. Respondent has filed the suit only to harass the petitioner. Being a lady, great hardship would be caused to the petitioner by attending the Court proceeding at Jaipur; Jaipur is about 360 Km far from Jodhpur. Apart from this, petitioner is under reasonable apprehension of mishappening with her at Jaipur, as respondent has given threatening to petitioner so many times. In such compelling circumstances, petitioner preferred this transfer application with the prayer to transfer the case pending before the Family Court, Jaipur Metropolitan, Jaipur No.1 to Family Court, Jodhpur City, District Jodhpur.