INDRA DEVI Vs. GOVIND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner, wife of respondent, has moved this application for transfer of the Petition No.13/2006 filed by the respondent under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and which is pending in the District Judge, Rajsamand.

(2.) According to the petitioner, the marriage of the petitioner and respondent was solemnised on 4.3.2003 and a son was born out of the said wedlock and he is only one year's old. According to the petitioner, she was ill treated and because of that, the petitioner had to file a case under Section 498A IPC which is pending in the Court of Judicial Magistrate, Barr, District Pali. The petitioner is living with her parents at Raipur in District Pali and the nearest court which can try the petition under Section 9 of the Hindu Marriages Act is the Court of Additional District Judge, Sojat. It is submitted that the petitioner cannot contest the case at Rajsamand which is far away from the petitioner's place of residence i.e. Raipur. It is also submitted that the petitioner has reasonable apprehension against the respondent.

(3.) Learned counsel for the respondent vehemently submitted that the respondent is para teacher and it is difficult to take leave from his teaching job and further, it will be very difficult for him to contest the case one at Barr and one at Sojat. It is also submitted that the respondent is willing to keep the petitioner with him and for that purpose, he moved this application. It is also submitted that there is no threat from the respondent. I have considered the rival submissions and perused the facts of the case.