EKTA Vs. SATISH

JUDGEMENT

(1.) THE applicant -wife, Ekta, has filed this transfer application under Sec. 24 CPC for transferring to the Family Court, Ajmer application No. 311/2013, filed by the non -applicant -husband, Satish, under Sec. 6 of Hindu Minority & Guardianship Act, 1956 (hereinafter the Act of 1956), before the Family Court, Tonk for the custody of his minor son. The facts of the case are that the applicant and the non -applicant were married at Malpura, Tonk (Rajasthan) on 06.07.2006 according to Hindu Rites & Rituals and have a male child from their marriage. On 01.11.2011, the non -applicant -husband left the applicant -wife at her parental house allegedly for reason of demand of dowry not being met. The applicant is since residing at Nasirabad with her parents. A criminal complaint at the instance of the applicant was filed against the non -applicant before the Judicial Magistrate, Nasirabad, Ajmer. On the said complaint, FIR No. 3/2012 was registered at Police Station Nasirabad City, District Ajmer for offences under Sec. 498A, 406, 323 I.P.C. Following, the police filed charge -sheet under Sec. 498A I.P.C. against the non -applicant. A criminal Case No. 84/2012 for an offence under Sec. 498A I.P.C. is presently pending before the Civil Judge (Jr. Div.) & Judicial Magistrate, Nasirabad, District Ajmer wherein the non -applicant is facing trial.

(2.) THAT the non -applicant -husband filed an application under Sec. 6 of the Act of 1956 against the applicant for the custody of his minor son before the Additional District & Sessions Judge, Malpura, District Tonk wherein it was stated that the decree of divorce has been passed on 10.10.2012. Subsequent to the formation of the Family Court in Tonk, the aforesaid application was transferred to the Family Court, Tonk on 11.03.2013. Hence this transfer application.

(3.) NO one has appeared on behalf of the non -applicant -husband in spite of service.