BHAVNA Vs. ABHISHEK SONI

JUDGEMENT

(1.) The present transfer petition has been filed by the petitioner- wife under Sec. 24 of the Code of Civil Procedure seeking transfer of divorce petition filed by the respondent-husband under Sec. 13 of Hindu Marriage Act, 1955 being Civil Misc. Case No. 92/2021 ("Abhishek Soni v. Smt. Bhavna") pending before the Court of learned Judge, Family Court, Chittorgarh to the court of learned Judge, Family Court, Ajmer.

(2.) Heard.

(3.) Learned counsel for the petitioner-wife submits that the marriage was solemnized between the petitioner and respondent on 5/3/2016 as per Hindu rites. It is pleaded that the petitioner wife has lodged FIR for offences under Ss. 498A, 406, 323 of IPC which is pending before learned Judicial Magistrate, Vijaynagar, District Ajmer. It is further pleaded that the petitioner is having custody of minor female child. The distance from Chittorgarh to Ajmer is more than 250 Kms. Counsel has submitted that it is not practical for the petitioner-wife to travel alone with minor child to attend court proceedings at Chittorgarh. She will be put under great degree of hardship in defending the case being Civil Misc. Case No. 92/2021 ("Abhishek Soni v. Smt. Bhavna") pending before the Court of learned Judge, Family Court, Chittorgarh. She has prayed that the case pending before Court of learned Judge, Family Court, Chittorgarh may be transferred the court of learned Judge, Family Court, Ajmer.