SMT. RITU MISHRA Vs. SHRI BRIJESH NAGAR

JUDGEMENT

(1.) This Transfer Application under section 24 Code of Civil Procedure has been filed for transfer of Case No. 23/2016 (Brijesh Nagar Vs. Ritu Mishra) filed under section 13 of the Hindu Marriage Act, pending in the court of Additional District Judge No. 1, Abu Road to Family Court, Ajmer.

(2.) Briefly stated, marriage between the parties was solemnized on 12.11.2009 at Ajmer. Out of the wedlock, one son namely Krishna born on 01.10.2010. Due to ill-treatment and cruelty with the petitioner, she filed a complaint No. 115/2012 under sections 498A, 406 Penal Code at Women Police Station, Ajmer. In said FIR, after investigation Police has filed challan against the respondent before ACJM No. 2, Ajmer and the court has taken cognizance of the offence against the respondent.

(3.) It was also contended that the petitioner belongs to middle class family, she is not having any source of income and after leaving her matrimonial home she is presently residing at her father's house situated at Ajmer. She has also filed an application under sections 12 and 18 of the Protection of Women from Domestic Violence Act before the Judicial Magistrate No. 6, Ajmer. The respondent has filed divorce petition under section 13 of the Hindu Marriage Act before the Additional District Judge No. 1, Abu Road. It was also contended that the petitioner belongs to poor family, she has no source of income and presently she is living with his father at Ajmer and is facing hardship and it is very inconvenient for her to travel from Ajmer to Abu Road with her minor child. The respondent has also threatened her to withdraw the criminal case otherwise she has to face dire consequences. The respondent has only intention to harass the petitioner and he had also filed an application under section 9 of the Hindu Marriage Act before court at Palanpur (Gujarat), which was later withdrawn by him on 13.07.2016.