AVNI Vs. MADAN GOPAL

JUDGEMENT

(1.) This Transfer Application under section 24 CPC has been filed for transfer of Civil Misc. Case No. 112 of 2016 Madan Gopal v. Avnika, pending before the Family Court, Sriganganagar to any other court situated in Sriganganagar.

(2.) Briefly stated, marriage of the petitioner with Manoj Kumar was solemnized on 29.04.2007 and thereafter they started residing at Jaipur. Unfortunately, on 23.03.2008, husband of petitioner expired in an accident. At that time, she was pregnant and gave birth to a girl child on 04.07.2008, who was named Osika. After death of the husband, her respondent in-laws did not keep her well and therefore, she had to leave her in-laws' house and came down to Sri Ganganagar.

(3.) After passage of time, she got married to Manoj (performa respondent No. 3) whose earlier wife had expired. After marriage with Manoj, they were happily living together. The respondents, grandparents of her daughter, never tried to meet her or to give her any kind of maintenance. The respondents are in possession of movable and immovable property of her deceased husband. The respondents do not want to give anything to petitioner and her daughter and also entire amount of Life Insurance was taken by them. However, in order to defeat rights of the petitioner and her daughter, the respondents have filed an application for guardianship of person and property of Osika under the Guardians and Wards Act 1890. This application was filed before the Family Court Sri Ganganagar, although the respondents are residing and doing business at Jaipur.