LILA Vs. NANAKA RAM

JUDGEMENT

(1.) Heard learned counsels for both the sides.

(2.) Learned counsel for the applicant submits that applicant Smt. Lila is residing with her old aged parents and further she has got 9 year old boy to be looked after, therefore, it is difficult for her to come to Jodhpur where case filed under Sec. 13 of Hindu Marriage Act, 1956, by the non-petitioner is pending. He has also contended that when Smt. Lila came to attend the case at Jodhpur, non-petitioner threatened her with dire consequences so this threats to her security also. So the Case No. 78/2012 titled as Nanak Ram Vs. Smt. Lila may be transferred from Family Court No. 2 Jodhpur to Family Court Pali.

(3.) Learned counsel for the respondent has filed the reply and has argued that non-petitioner Nanak Ram is living with his very old aged mother whom he has to take care of. There is no case pending between the parties at Pali. The case filed by petitioner for the offences under Section 498-A, 406 and 323 Penal Code has been decided on 8th April, 2013 whereby the non-petitioner was acquitted. He also submits that he is paying the amount of maintenance allowance regularly to the applicant as per the order passed in the petition filed by applicant under Sec. 125 Cr. P. C. which came to be decided in the year 2012.