ANKITA SINGH Vs. NEERAJ SINGH

JUDGEMENT

(1.) The instant petition under Sec. 24 of Civil Procedure code has been filed by the petitioner - wife, seeking transfer of divorce petition under Sec. 13 of Hindu Marriage Act - Civil Misc. Application No. 49/2019 titled as Neeraj Singh vs. Ankita Singh, filed by the respondent - husband against her, from Family Court, Chittorgarh to the Family Court, Bhilwara. None present for the respondent, inspite of service of notice.

(2.) In the transfer petition, it is averred that the marriage between the parties was solemnized on 29/5/2010 as per Hindu rites and customs. Out of their wedlock, one daughter named Aditri was born in the year 2017. With the birth of a girl child, the in-laws were not happy. The family members of the husband of the petitioner started ill-treating the petitioner and later on the petitioner was turned out of her matrimonial home by her in-laws. To maintain the matrimonial life, the petitioner filed an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. The respondent - husband upon receipt of summons of application under Sec. 9 of Hindu Marriage Act, denied all the allegations and pleaded that he does not want to live with the petitioner. The respondent - husband filed divorce petition under Sec. 13 of the Hindu Marriage Act before the Family Court, Chittorgarh.

(3.) Heard the learned counsel for the appellant.