RENUKA Vs. JITENDRA SINGH

JUDGEMENT

(1.) This Transfer Application under sec.24 CPC has been filed for transfer of Civil Misc. Application No.18/2016 (Jitendra v. Smt Renuka), filed by respondent under sec.9 of the Hindu Marriage Act for restitution of conjugal rights, pending before the Family Court, Chittorgarh, to the Family Court, Jodhpur.

(2.) Briefly stated, marriage between the parties was solemnized on 24.04.2012. After the marriage, the respondent started inflicting cruelty and mental torture and raised demand for money. The petitioner was ousted from her matrimonial home. Then the petitioner started living with her grandparents at Jodhpur.

(3.) The petitioner is unemployed, has no source of income to fulfill her daily as well as long term needs and is totally dependent on her grand-father and father, who also are having limited income. The respondent has filed application under sec.9 of the Hindu Marriage Act before Family Court, Chittorgarh. It was contended that it is very difficult for the petitioner to go from Jodhpur to Chittorgarh and attend the proceedings, particularly in light of the fact that the intention of the respondent while initiating such proceedings is to humiliate and harass the petitioner and secondly, to keep pressure on the petitioner.