VIBHA JAIN Vs. NARESH KUMAR SOMIYA

JUDGEMENT

(1.) This petition under Section 24 C.P.C. has been Filed by the petitioner-wife seeking transfer of proceedings pending before the Family Court, Udaipur to Family Court, Doongarpur.

(2.) It is inter alia indicated in the petition that marriage between the parties was solemnized on 18.1.2010 and two children, Aradhya and Tanksh were born on 19.9.2011 and 28.11.2016, respectively. Proceedings under Section 13 of the Hindu Marriage Act, 1955 have been filed by the respondent-husband at Family Court, Udapur; summons whereof for appearance on 31.10.2017 were received by the petitioner. It is submitted that the petitioner had also lodged a complaint before the Mahila Police Station, Doongarpur against the respondent and his relatives pertaining to domestic violence and demand of dowry on 14.9.2017.

(3.) It is inter alia submitted by learned Counsel for the petitioner that the petitioner has no helping hand, a minor daughter to look after and a minor son in her lap and, therefore, it is very difficult, rather impossible for her to appear before the Family Court, Udaipur. It is also submitted that investigation pertaining to the complaint made by the petitioner is already pending at Doongarpur. The petitioner has no independent source of maintenance for herself and her two minor children, the distance between the place of her residence and Udaipur is 125 km. and no direct bus/train service is available. Further, no close relative is in a position to travel with the petitioner as her father is very old. It is submitted that huge inconvenience would be caused to the petitioner in attending the proceedings at Udaipur, whereas, it would not be inconvenient to the respondent in any manner if he is to attend the hearing at Doongarpur and, therefore, proceedings be transferred from Udaipur to Doongarpur.