REENA VIJAY Vs. ASHISH VIJAYVARGIYA

JUDGEMENT

(1.) The instant transfer application has been preferred by the petitioner wife with the prayer to transfer of the proceedings instituted under section 13 of Hindu Marriage Act being Application No. 133/2018 pending before the learned Family Court No. 3, Jaipur to the learned Family Court, Kota.

(2.) Learned counsel for the petitioner wife submitted that the respondent husband had filed an application u/s 13 of the Hindu Marriage Act before the learned Family Court No. 3, Jaipur. He submitted that the petitioner wife had filed an application for offence u/s 12 of the Protection of Women from Domestic Violence Act before the learned Additional Judicial Magistrate No. 4, Kota bearing No. 103/2018. She also lodged an FIR No. 118/2018 for offence u/s 498A, 406, 420 and 120B of IPC at Police Station Mahila Thana, Kota against the respondent husband and his family members. Thus, the petitioner wife is attending two proceedings pending at Kota. But with the intention to cause inconvenience to the petitioner wife, the respondent husband has instituted proceedings under Section 13 of the Hindu Marriage Act at Family Court No. 3, Jaipur. It is submitted that the petitioner wife is working in the Bank of Maharashtra at Pune and she has to come alone to attend the dates of hearing before the learned Family Court, Jaipur which causes great inconvenience to her as her father is working in Gramin Bank at Baran. It is difficult for her father to take leave from the bank for accompanying her to attend the learned Family Court No. 3, Jaipur. So, the proceedings u/s 13 of the HMA pending before the learned Family Court No. 3, Jaipur be transferred to the learned Family Court, Kota.

(3.) Learned counsel for the petitioner wife placed reliance in support of his arguments on the following judgments: