SAHINA PARVEEN Vs. MOHD NADEEM

JUDGEMENT

(1.) The instant application has been filed for transfer of matrimonial case (application for restitution of conjugal rights) No.6/2012 from Family Court, Sikar to Family Court, Jhunjhunu.

(2.) It is claimed that both the parties are wife and husband and as per Muslim rites got married on 10.6.2007, Out of the wedlock, a son was born on 17.12.2008, and some dispute has arisen in between the parties.

(3.) Counsel for the applicant contended that the applicant is a female and she is also attending to her son who is aged about 7 years by now and also a school going child. It is contended that the petitioner not only has to attend to her son but also to her parents, who are old and aged, and it is difficult for her to travel from Jhunjhunu to Sikar in the matter before the Family Court, Sikar, on various occasions, and since she is unable to go to Sikar, therefore, she has prayed for transfer of the petition. It is contended that two more matters of domestic violence under Sections 406 and 498-A IPC are pending at Jhunjhunu and, therefore, convenience of respondent would also be to appear at Jhunjhunu along with the present matter. It is contended that the convenience of the applicant is prime particularly in view of the minor child and also aged parents as one of them has to accompany her on all occasions.