GEETA PALIWAL Vs. ASHOK JANGID

JUDGEMENT

(1.) This civil transfer petition has been filed by petitioner Smt. Geeta Paliwal for transferring Case No.388/2011 (Ashok Jangid Vs. Smt. Geeta Paliwar) filed under Section 13 of the Hindu Marriage Act, pending trial before the Family Court, Jodhpur to the Court of District Judge, Jaisalmer.

(2.) The brief facts of the case are that the marriage of the petitioner and the non-petitioner was solemnized on 14.02.2009 at Jaisalmer. It is alleged that after the marriage, the non-petitioner and his family members started harassing the petitioner, due to which relation between the parties became strained. After some time, the petitioner was turned out of the house and now the petitioner and the non-petitioner are living separately. The non-petitioner has filed an application for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, which is pending in the Family Court, Jodhpur. The petitioner has preferred this transfer petition for transfer of the above case pending before the Family Court, Jodhpur to the Court of the District Judge, Jaisalmer.

(3.) It is contended by the learned counsel for the petitioner that the petitioner is a poor lady with no means of livelihood. It is submitted that there is no one in her family to come with her to attend the case at Jodhpur and it is very difficult for the petitioner to attend the court alone at Jodhpur, which is at a great distance from Jaisalmer. It is further submitted that none of the parties is living at Jodhpur and the application under Section 13 of the Hindu Marriage Act has been filed at Jodhpur only in order harass the petitioner. Hence, it is prayed that the aforesaid case filed by the non-petitioner may be transferred from the Family Court, Jodhpur to the Court of District Judge, Jaisalmer.