EKTA DHADHICH Vs. RAJENDRA PRASAD SHARMA

JUDGEMENT

(1.) Instant transfer application under Section 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.39/2020 titled as Rajendra Prasad Sharma v. Smt. Ekta Dhadhich filed under Section 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, Kekri District Ajmer to the Family Court situated at Kota.

(2.) Learned counsel appearing for the petitioner-wife has submitted that the marriage between the parties was solemnized on 12.05.2018 at Sarvar District Ajmer as per Hindu rites, rituals and customs. Counsel has further submitted that the petitioner has a daughter, namely Vaidehi from her first husband, presently she is six years old and is being taken care of by the petitioner alone and the respondent-husband is also a divorcee. Counsel has also submitted that the petitioner and respondent have resided together till 12.05.2019. Thereafter, the respondent and his family abandoned the petitioner and since then she has been residing at her parental home in Kota.

(3.) Counsel appearing for the petitioner-wife has contended that the petitioner was constrained to file complaint with the Women Police Station, Kota City, which later-on culminated into an F.I.R. Counsel has further contended that the F.I.R. bearing No.211/2020 was registered on 05.09.2020 for offences punishable under Sections 498-A and 406 of I.P.C. against the respondent and his five other family members. Counsel has also contended that the petitioner also filed a complaint under Section 12 of the Protection of Women From Domestic Violence Act, 2005 before the Court of learned Judicial Magistrate No.2 (South) Kota, zwhich was registered as Criminal Miscellaneous Case No.2400/2020 titled as "Ekta Dhadhich v. Rajendra Prasad and Others.