ANJU GOYAL Vs. RAJNEESH GOYAL

JUDGEMENT

(1.) This civil transfer petition has been filed by petitioner Smt. Anju Goyal for transferring Case No.53/2011 (Rajneesh Goyal Vs. Smt. Anju Goyal) pending in the Family Court No.1, Jaipur to the Family Court, Jodhpur. The case is regarding an application under Section 26 of the Hindu Marriage Act filed by the non-petitioner husband.

(2.) The brief facts of the case as set out by the petitioner are that the petitioner's marriage with the nonpetitioner was solemnized on 21.02.2000 at Jodhpur as per Hindu rites and rituals. After the marriage, the petitioner started living at Jaipur with her husband and in-laws and sincerely performed her obligations as a wife. Out of their wedlock one female child, namely Anjalika, took birth. Later on the relations between the petitioner and non-petitioner and his family members did not remain cordial as the nonpetitioner and his family members started harassing the petitioner and they pressurized the petitioner demanding dowry. When the petitioner's parents could not fulfil the demands of dowry, the non-petitioner turned the petitioner out of his matrimonial house and she was forced to live with her parents. The petitioner filed a complaint against the nonpetitioner and his family members which is pending in the court at Jodhpur. The petitioner has also filed an application under Section 13 of the Hindu Marriage Act against the nonpetitioner, which is pending in the Family court, Jodhpur. The petitioner has also filed certain criminal cases against the non-petitioner at Jodhpur. The non-petitioner has now filed an application under Section 26 of the Hindu Marriage Act against the petitioner in the Family Court No.1, Jaipur, which is bearing Case No.53/2011 and which is sought to be transferred to Family Court Jodhpur.

(3.) The non-petitioner failed to appear even after service of notice upon his father.