ASMA PARVEEN Vs. JAVED BHATI

JUDGEMENT

(1.) The instant transfer application under section 24 of the CPC has been filed by the applicant-petitioner, seeking transfer of case no. 630/2016 titled as Mohd. Javed v. Smt. Asma Parveen from the Family Court, Jhunjhunu to Family Court, Ajmer.

(2.) It is stated in the transfer application that the non-applicant husband filed a petition for restitution of conjugal right against the applicant-wife before the Family Court at Jhunjhunu, which was registered as case no. 630/2016. The applicant-wife filed criminal complaint against the non-applicant husband under section 12 read with sections 17, 18, 19, 20 and 23 of the Prevention of Women from Domestic Violence Act. Acting on the complaint, cognizance was taken against the accused persons and they were summoned.

(3.) It is the case of the applicant-petitioner that she is currently staying with her parents in Ajmer and since she does not have any independent source of income, she cannot bear the expenses to travel from Ajmer to Jhunjhunu for every hearing. Being not only young but also Pardanaseen, she cannot travel from Ajmer to Jhunjhunu all alone and without a male chaperon belonging to her own family and for doing so, she would have to incur additional expenses. She also contended that the non-applicant/husband is financially stable and earns enough to be able to afford travelling from Jhunjhunu to Ajmer.