(1.) Applicant-wife has instituted the present transfer application with a prayer for transfer of the proceedings, instituted by the non-applicant-husband, under Sec. 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights before the Family Court, Tonk, to Family Court No.1, Jaipur.
(2.) Learned counsel for the applicant-wife, reiterating the contents of the transfer application submitted that the marriage of the parties was solemnized at Jaipur, in accordance with Hindu rites and rituals.
(3.) It is further asserted that on account of serious matrimonial discord between the parties for the applicant wife was subjected physical and mental cruelty, she lodged a complaint before the Court of Metropolitan Magistrate No. 13, Jaipur Metro, Jaipur, for offence under Sec. 498A and 406 of Indian Penal Code, leading to registration of an FIR No. 129/2013. The Governmental Enforcement Agency, after thorough investigation in the crime, has filed a charge-sheet.