SHILPA AGARWAL Vs. SUBHASH AGARWAL

JUDGEMENT

(1.) This transfer application has been filed by wife applicant Shilpa Agarwal with prayer that application filed at the instance of her husband non-applicant Subhash Agarwal under Section 9 of the Hindu marriage Act, 1955 (for shot, the Act of 1955') bearing No.20/2011 in the court of District Judge, Banswara, be transferred to the Family Court-I, Jaipur and combined with petition for divorce filed by wife applicant being Divorce Petition No.286/2012 under Section 13 of the Act of 1955.

(2.) Learned counsel for applicant contended that wife applicant initially filed F.I.R. against husband non-applicant for offence under Sections 406 and 498A of the Indian Penal Code, on 13.11.2010 in which challan was filed against him in the court of Additional Civil Judge (Junior Division) and Judicial Magistrate No.12, Jaipur Metropolitan. Wife applicant also filed a complaint against respondent non-applicant in the court of Additional Civil Judge (Junior Division) and Judicial Magistrate No.9, Jaipur Metropolitan, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, wherein she also claimed maintenance. It was thereafter that the husband non-applicant filed a petition under Section 9 of the Act of 1955 at Banswara only with a view to harassing the wife applicant. In these circumstances, wife-applicant filed Divorce Petition under Section 13 of the Act of 1955 before the Family Court-I, Jaipur, on 28.03.2012.

(3.) It is contended that wife applicant has liability to maintain and look after a male child of two years old and, therefore, it is quite difficult for her to travel from Jaipur to Banswara, which is situated at a distance of 500 kilometers.