SMT. VIJAYLAXMI Vs. HARENDRA KUMAR

JUDGEMENT

(1.) This Transfer Application under section 24 CPC has been filed for transfer of Civil Original Case No. 53/2017 (Harendra Kumar v. Smt Vijaylaxmi), pending before the Family Court, Merta to the Family Court at Jodhpur.

(2.) Briefly stated, marriage between the parties was solemnized on 06.07.1999 and two children born out of the wedlock. Both the children are living with the petitioner as the respondent husband is not maintaining them properly. On account of ill-treatment and harassment from her in-laws and for the reason that the respondent husband is not maintaining her properly, the petitioner under the compelling circumstances is residing with her parents at Jodhpur. She has filed an application for grant of maintenance under section 125 Cr.P.C , 1973before the Family Court No. 1, Jodhpur, which is pending consideration. A petition under Protection of Women from Domestic Violence Act is also pending before Additional Munsif Magistrate No. 5, Jodhpur.

(3.) It was also contended that earlier the respondent husband filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Family Court, Merta and a Transfer Application was filed by the petitioner before High Court for transferring that petition under section 9 of the Hindu Marriage Act and the case was transferred to the Family Court at Jodhpur vide order dated 08.09.2016. The respondent, after withdrawing aforesaid petition under section 9, has now filed an application under section 13 of the Hindu Marriage Act for getting decree of divorce against the petitioner before the Family Court, Merta. Under these circumstances, present Transfer Application has been filed for transfer of the divorce petition from Merta to Jodhpur.