ASHA Vs. JAI SINGH

JUDGEMENT

(1.) This transfer application has been filed by Smt.Asha seeking transfer of petition filed by non-applicant under Section 9 of the Hindu Marriage Act for restitution of conjugal rights bearing case No.73/2011 pending in the court of Additional District Judge, Khetari to Family Court, Jodhpur.

(2.) It is submitted in the application that the marriage of the applicant took place with non-applicant on 17.4.2000 at Kalganv and out of their wedlock a female child born on 25.8.2007. It is further submitted that after marriage, applicant was harassed by her husband and in-laws on account of demand of dowry. She was also given ill- treatment. The applicant submitted that just to harass her, the non-applicant has filed the petition under Section 9 of the Hindu Marriage Act in the court of Additional District Judge, Khetri. The learned counsel for the applicant contended that the applicant is not in a position to travel all the way Jodhpur to Khetri, that too, carrying her daughter. It is also submitted that nobody is there to assist her in traveling to Khetri. Hence, it is prayed that the petition under Section 9 of the Hindu Marriage Act may be transferred from the court of Additional District Judge, Khetri to Family Court, Jodhpur.

(3.) The learned counsel for non-applicant has vehemently opposed the transfer application on various ground including the ground that this Court has no jurisdiction to transfer the case from Khetri to Jodhpur.