MONIKA Vs. DEEPAK KARAMCHANANI

JUDGEMENT

(1.) This Transfer Application under Sec. 24 CPC has been filed for transfer of application No.421/2016 {Deepak Karamchandani vs. Manika} filed by the respondent under sec.13 of the Hindu Marriage Act, pending before the Family Court No.1, Jodhpur Metropolitan to Family Court, Jaipur.

(2.) Briefly stated, the respondent filed an application under sec.13 of the Hindu Marriage Act for dissolution of marriage dt. 30.07.2012 solemnized between the parties. It was contended that the respondent and his family members have tortured and humiliated the petitioner for their unlawful demand of dowry and threatened the petitioner to face consequences if their demand is not fulfilled. On this the petitioner lodged an FIR No.111/2016 at Women Police Station, Jaipur East on 02.09.2016. After investigation in the matter, the Police filed challan on 09.01.2017 against respondent before Additional Civil Judge & Metropolitan Magistrate No.15, Jaipur Metropolitan under secs.498A, 406 IPC.

(3.) It was also averred that from the wedlock, a baby girl "Dolly Karamchandani" was born on 11.07.2013 and from date of her birth she is living with the mother and now she is at tender age of 3 years 6 months. It was also submitted that the petitioner and her minor daughter are completely dependent on petitioner's father, she has no source of income and the distance between Jaipur to Jodhpur is more than 300 kms which is quite far away. It is very inconvenient for the petitioner to travel all alone with her minor girl child to a distance of more than 300 kms. It was further submitted that the petitioner filed S.B. Civil Transfer Application No.153/2016 before Jaipur Bench of this Court and the Court vide order dt. 18.01.2017 dismissed the petition with liberty to file fresh Transfer Petition before the Principal Seat at Jodhpur.