SUMAN Vs. SUNIL

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This transfer petition under Section 24 of the Code of Civil Procedure , 1908 has been filed by the petitioner-Smt. Suman wife of non-petitioner Sunil Swami, for transfer of Civil Misc. Case No. 928/2012, Sunil Swami v. Smt. Suman, filed by respondent-husband under Section 13 of the Hindu Marriage Act for divorce, pending before the Family Court, Bikaner to the Court of District Judge, Churu.

(3.) As per averments in the petition, respondenthusband Sunil has filed aforesaid misc. case before the Family Court, Bikaner thereby praying for divorce. In the above misc. case (No. 928/2012) it is averred by the respondent-husband that the wife Smt. Suman has been right after the marriage has been behaving in teasing manner on the pretest of respondent-husband taking care of his blind mother and on 26.10.2010 she went with her uncle Gorakhdas and brother Subhkaran, by taking all her clothes and jewellery etc. The wife Suman has lodged fallacious F.I.R. against husband, his parents and brother for offence under Sections 498-A, 406 and 323 I.P.C. for harassing them all. The wife wants the husband to separate from his parents and live with her. With these allegations of cruel treatment by the wife, divorce was prayed.