PRIYA SONI Vs. PINTU SONI

JUDGEMENT

(1.) This Transfer Application under section 24 Code of Civil Procedure has been filed for transfer of Civil Original Suit No. 99/2016, pending before the Family Court No. 1, Jodhpur Metropolitan to the court of Additional District Judge, Sojat, District Pali or in the Family Court, Pali.

(2.) Briefly stated, marriage between the parties was solemnized on 29.06.2009 in village Atabada, Tehsil Sojat of District Pali. No issue born out of the wedlock. The behaviour of the non-applicant from very beginning was cruel. The petitioner was subjected to cruelty for demand of dowry. An FIR was lodged by the petitioner against the non-applicant and his family members, which was registered as FIR No. 151/2012 at Police Station Sojat. However, after intervention of family members, the parties settled their disputes and started living together. Later on, the non-applicant again started behaving with cruelty and the petitioner wsa left with no option but to leave the matrimonial home otherwise they would have killed her. Again an FIR was lodged against the non-applicant and his family members, which was registered on 17.06.2013 at Police Station Sojat as FIR No. 172/2013 for offence under sections 498A, 406, 323/34 IPC. After investigation, a charge-sheet was filed and the matter is pending trial before the Additional Chief Judicial Magistrate, Sojat, District Pali.

(3.) The non-applicant filed a Divorce Petition under section 13 of the Hindu Marriage Act before the Family Court No. 1, Jodhpur Metropolitan, which was registered as Civil Original Suit No. 99/2016. It was contended that the applicant is a lady and on very date of hearing it is not possible for her to attend the hearing in the divorce case filed by non-applicant at Jodhpur. It was also contended that the criminal case filed by the petitioner is pending before Additional Chief Judicial Magistrate, Sojat and the non-applicant is appearing there.