KUSUM RATHORE Vs. RAJENDRA KOTED

JUDGEMENT

(1.) The present transfer petition has been filed by the petitioner with the prayer that the Civil Original Case No. 83/2019 pending before the learned Family Court, Dungarpur may be transferred to the learned Family Court, Udaipur.

(2.) Counsel for the petitioner argued that the respondent has filed a petition against the petitioner under Sec. 9 of the Hindu Marriage Act before the Family Court, Dungarpur. It is submitted that the petitioner has filed an application under Sec. 125 Cr.P.C for grant of maintenance as well as application under Domestic Violence Act before the Family Court, Udaipur and both the applications are pending and respondent has also put in appearance before the Family Court, Udaipur. It is argued that petitioner is residing at Udaipur and petitioner being lady it is very difficult for her to travel to Dungarpur which is 120 km from her residential place at Udaipur, therefore, the Misc. Case No. 83/2019 may be transferred from Family Court, Dungarpur to Family Court, Udaipur.

(3.) On 26/3/2021, this Court had issued notice to the respondent. As per office report, the notice has been duly serviced upon the respondent but none appeared on behalf of respondent. Even today, no one is present on behalf of respondent.