SONU SONI Vs. JAYESH KUMAR SONI

JUDGEMENT

(1.) Applicant-wife has laid this transfer application under Sec. 24 Code of Civil Procedure seeking transfer of Civil Misc. Case No.421/2014 from Family Court No.1, Jodhpur to District Judge, Balotra.

(2.) The aforesaid Civil Misc. Case No. 421/2014 is filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 for dissolution of marriage.

(3.) In the transfer application, it is inter alia averred that the applicant was forced to leave the matrimonial home because of ill-treatment by the respondent-husband and for demand of dowry. It is also alleged in the transfer application that, at her instance, FIR was lodged against the respondent and his relatives for offence under Sections 498A, 406 and 323 Penal Code and the criminal case is pending against them before the Additional Chief Judicial Magistrate, Balotra, wherein respondent-husband is attending proceedings on every date of hearing. The applicant has further strengthened her case for transfer by submitting that she has laid a petition for maintenance under Sec. 125 Cr.P.C, which is pending before Additional Chief Judicial Magistrate, Balotra. As per assertion of the applicant, the petition for dissolution of marriage filed by the respondent-husband is pending at Jodhpur, therefore, she is facing inconvenience and hardship in attending proceedings before Family Court No.1, Jodhpur as she is having her permanent abode at Balotra. The applicant has also sought transfer on the ground that she has imminent threat to her life from the respondent.