NEETU BHARGAVA Vs. GUNWANT BHARGAVA

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 divorce petition filed under Sec. 13 of the Hindu Marriage Act, 1955 (afterwards referred to as "the Act of 1955"), by the respondent-husband bearing Civil (Hindu Marriage) Case No. 56/2017 titled as "Gunwant Bhargava Vs. Neetu Bhargava" from the Family Court, Merta to the court of Additional District Judge No. 1, Kishangarh, District Ajmer.

(2.) As per averments made in application, the parties got married as per Hindu rites on 13/11/2013 at Kishangarh. Some time after the marriage, dispute arose between the parties on account of demand of dowry and related cruelty committed by the respondent. In such circumstances, the petitioner had no other option except to come back to her parent's house. The petitioner was constrained to lodge the F.I.R. No. 133/2016 at Police Station Gandhinagar, Kishangarh for the offences under Ss. 498-A and 406 of I.P.C., pursuant to which, the prosecution is pending before the court of Additional Chief Judicial Magistrate No. 2, Kishangarh, District Ajmer. Thereafter, the petitioner was again subjected to cruelty, therefore, she left her matrimonial home and started to live with her parents at Kishangarh. The petitioner filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against the respondent before the court of Additional Chief Judicial Magistrate No. 2, Kishangarh, which is also pending consideration. As a counter blast to the legitimate steps taken by the petitioner, the respondent has filed the petition under Sec. 13 of the Act of 1955 being Civil (Hindu Marriage) Case No. 56/2017 before the Family Court, Merta. The petitioner is living with her old aged parents and minor child having no financial resources. The petitioner is not in a position to attend the scheduled dates in the petition under Sec. 13 of the Act of 1955. The petitioner is a lady, who is pursuing her study. The petitioner is living with her parents, who are also of a humble background and not in a position to accompany the petitioner or to take care of the petitioner for long. The distance from Kishangarh to Merta is about 100 kms. and there is no male member, who can travel with the petitioner. Therefore, she has prayed that the matter deserveds to be transferred from Merta to Kishangarh. 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. In spite of service of notice upon the respondent, he did not make his presence before this Court.

(3.) Heard learned counsel for the petitioner and perused the material available on record.