ANJU BOYAL Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) The instant petition under Sec. 24 of the Code of Civil Procedure has been filed by the petitioner - wife seeking transfer of petition filed against respondent - husband under Sec. 9 of Hindu Marriage Act, presently pending in the court of Additional District Judge - Family Court, Chirawa, Jhunjhunu to the Family Court, Bhilwara.

(2.) Averments made in the petition are as under:-Petitioner -wife got married with the respondent -husband in the year 2007 as per Hindu rites and rituals. Out of their wedlock, two children being a boy and a girl were born. Respondent gave beating to the petitioner and involved in adultery also. For one such incident, petitioner registered a complaint at Mahila Police Station, Bhilwara on 21/8/2020. Respondent filed an application under Sec. 9 of the Hindu Marriage Act before the Additional District Judge, Chirawa for restitution of conjugal rights for which Court issued notice to the petitioner. Petitioner has also filed application under Sec. 13(1) of Hindu Marriage Act for declaring her marriage null and void and application for maintenance under Sec. 125 of Cr.P.C. Petitioner also filed an application under Ss. 9 and 37 of Protection of Women from Domestic Violence Act, 2005. There is constant threat perception in the mind of the petitioner that the respondent may cause harm either to the petitioner or her children and parents. Therefore, it is very difficult for the petitioner to appear and contest the case pending before the Court at Chirawa, Jhunjhunu. Petitioner resides at Bhilwara and works at Chittorgarh. The children of the petitioner are minor and require constant attention of the petitioner as there is no one else in the family to look after them. Petitioner cannot leave her children alone even for a single day and attend the case at Chirawa, Jhunjhunu. It would be appropriate that application for restitution of conjugal rights filed by the respondent pending before the learned Additional District Judge - Family Court, Chirawa be heard by the learned Family Court, Bhilwara before whom application under Sec. 13(1) of Hindu Marriage Act for declaring marriage null and void is also pending. Petition has been supported by the affidavit.

(3.) In reply to the transfer petition, respondent - husband has denied allegations made against him. As per him, petitioner lodged the FIR on frivolous grounds only to harass him. Father of the respondent has also lodged an FIR before the Judicial Magistrate, Chirawa. Respondent is jobless. He loves his children and can never threaten or harm them. Petitioner has not come with true and correct facts. Petitioner travels daily from Bhilwara to Sinhana, Chittorgarh to discharge her duties as a Teacher without any complaint. Her entire case is based only on travelling difficulties and no other substantial reason has been stated by the petitioner for filing transfer petition.