RISHITA Vs. RAHUL

JUDGEMENT

(1.) The instant application under Sec. 24 of the Code of Civil Procedure, 1908 has been preferred by the petitioner-wife seeking transfer of the petition filed under Sec. 13-1(ia) of the Hindu Marriage Act, 1955 (afterwards referred to as "the Act of 1955 "), by the respondent-husband against her bearing Divorce Petition No. 106/2021 titled as "Rahul Vs. Rishita " from the Family Court, Hanumangarh to Family Court, Sri Ganganagar.

(2.) As per averments made in application, the petitioner tied knot with the respondent at Hanumangarh as per Hindu customs on 17/4/2019. After marriage, behavior of the respondent and his family members towards petitioner was not good and polite and they harassed her for various reasons. The petitioner lodged F.I.R. No. 73/2021 at Police Station Mahila Thana, Sri Ganganagar for the offences under Ss. 406, 498-A, 354, 313 and 323 of I.P.C. against the respondent and her in-laws. The petitioner has also filed application under Sec. 9 of the Act of 1955 against the respondent before the Family Court, Sri Ganganagar bearing Civil Misc. Application No. 326/2021. The respondent has filed divorce petition under Sec. 13-1(ia) of the Act of 1955 against the petitioner before the Family Court, Hanumangarh. As per the petitioner, two cases between the parties are already pending at Sri Ganganagar, whereas, divorce petition filed by the respondent is pending at Hanumangarh. The petitioner being a lady is facing difficulties in attending the court proceedings at Hanumangarh. There is no male member in her family, who can accompany her while travelling from Sri Ganganagar to Hanumangarh. Therefore, she has prayed that the matter may be transferred from Hanumangarh to Sri Ganganagar. The application is supported by the affidavit of the petitioner. The copies of the litigation pending between the parties have also been placed on record.

(3.) Pursuant to the notice, the respondent has put in appearance but did not choose to file reply to the transfer application.