MANJU Vs. ISHWAR DAN

JUDGEMENT

(1.) BY this transfer application, the applicant - Smt. Manju is seeking transfer of Civil Misc. Case No. 305/2011 filed under Sec. 9 of the Hindu Marriage Act for restoration of conjugal rights from the Court of Additional District Judge, Barmer to the Family Court, Jodhpur. The short facts of the case are that the marriage of the applicant took place with the non -applicant on 16.05.2010 as per Hindu Custom and Rites at jodhpur. Differences between the applicant and non -applicant arose soon after the marriage. Therefore, the applicant left the house of the non -applicant and started living at his parental house. The non -applicant filed a petition under Sec. 9 of the Hindu Marriage Act for restoration of the conjugal rights before the Court of Additional District Judge, Barmer. The applicant seeks transfer of that case from the Court of Barmer to Family Court, Jodhpur.

(2.) THE learned counsel for the applicant contended that the applicant is a young lady aged about 26 years and the petition under Sec. 9 of the Hindu Marriage Act has been instituted by her husband at Barmer, which is about 250 Kms away from Jodhpur. She is feeling inconvenience and insecurity while performing long journey from Jodhpur to Barmer with her mother in connection with attending the Court. It is further contended that after the marriage, the applicant was subjected to cruelty on account of demand of dowry and therefore, the applicant filed a complaint under Sees. 406, 498A IPC against the non -applicant at Jodhpur, in which, challan has been filed and trial is pending before the Court of Additional Judicial Metropolitan Magistrate No. 2, Jodhpur and the respondent is already attending the Court in that case. The application filed by the applicant under Sec. 12 of the Protection of Women from Domestic Violence Act against the non -applicant is also pending before the Court of Additional Judicial Metropolitan Magistrate No. 3, Jodhpur. Therefore, no inconvenience will be caused to the non -applicant if the application for restoration of the conjugal rights pending before the Additional District Judge, Barmer is transferred to the Family Court Jodhpur.

(3.) I have considered the submissions of the learned counsel for the parties and perused the facts pleaded in the transfer petition. It has been pleaded in the petition that in addition to inconvenience, she has an apprehension for her security.