SMT. SUNITA Vs. PRADEEP BISHNOI

JUDGEMENT

(1.) This Transfer Application under section 24 CPC has been filed for transfer of Civil Misc. Case No. 240/2016 (Pradeep v. Smt Sunita) filed by respondent under section 9 of the Hindu Marriage Act, pending before the Family Court No. 1, Jodhpur.

(2.) Briefly stated, there is no legal and valid marriage between the parties. Only an engagement was done between parties at the time when they were minor. It was further averred that due to certain reasons, when this engagement could not materialize into legal marriage then the respondent abducted and kidnapped the petitioner from Ajmer. In such circumstances, father of the petitioner Kishna Ram filed an FIR No. 83/2015. Subsequently, in that case, statement of petitioner was recorded under section 164 Cr.P.C., 1973 Later on, a compromise took place between the parties whereby it was decided that the engagement, which was done at the time when both the parties were minor, comes to end and both the parties are having liberty to solemnize marriage as per their will and wishes. Due to this settlement, Final Report was filed in the aforesaid FIR No. 83/2015.

(3.) The respondent with intention to harass the petitioner has filed application under section 9 of the Hindu Marriage Act, for restitution of conjugal rights, before the Family Court No. 1 Jodhpur Metropolitan. There is no legal and valid marriage between the parties but the respondent has filed aforesaid petition at Jodhpur only with intention to harass the petitioner, despite the fact that the petitioner is residing at Ajmer and she is studying in R.R. College of Nursing, Ajmer. The respondent has earlier also kidnapped and abducted the petitioner forcibly, misbehaved with her, took photos and put illegal pressure upon petitioner for solemnizing legal marriage and also gave threatening to her father and other family members. Her life is stake if she comes to attend proceedings pending at Jodhpur.