MUMAL KUNWAR RAO Vs. SURENDRA SINGH

JUDGEMENT

(1.) The present transfer petition has been filed by the petitioner with the prayer that the Misc. Case No. 07/2021 pending before the Family Court No.1, Udaipur may be transferred to the Family Court, Rajsamand.

(2.) Counsel for the petitioner argued that the respondent has filed a petition against the petitioner under Sec. 13 of the Hindu Marriage Act before the Family Court No.1, Udaipur. It is submitted that the petitioner is living at Rajsamand and the respondent has filed the said case only with a view to harass the petitioner. It is submitted that after few years of marriage, the petitioner was ousted from her matrimonial home and continuously harassed for extraneous reasons. The petitioner has resorted to legal proceedings and has filed complaint under Sec. 12 of Protection of Women from Domestic violence Act, 2005 at Rajsamand so also application under Sec. 125 Cr.P.C. before the competent court at Rajsamand. It is submitted that being a lady living with old aged parents, it is very difficult for her to travel to Udaipur from her residential place at Rajsamand, therefore, the Case No. 07/2021 may be transferred to Family court, Rajsamand.

(3.) Per contra, counsel for the respondent opposed the prayer made by the petitioner and submits that the petitioner has left the matrimonial home without any reason on her own. It is argued that no case is made out for transfer of the case from Udaipur to Rajsamand and the petition is liable to be rejected. I have heard counsel for the parties and perused the documents on record.