EKTA Vs. DHEERAJ KUMAR

JUDGEMENT

(1.) Petitioner-wife has preferred this petition under Sec. 24 CPC for seeking transfer of Civil Application No. 323/2017 (Dheeraj Kumar v. Ekta), pending before Family Court, Hanumangarh to Family Court, Churu, which is filed by respondent-husband under Sec. 9 of the Hindu Marriage Act, 1955 for seeking restitution of conjugal rights.

(2.) It is, inter-alia, averred in the petition that petitioner is having her permanent abode at Churu and Hanumangarh is about 300km far from Churu. Apart from that, another ground set out in the petition is that at her behest, a petition under Sec. 125 Cr.P.C. is filed against respondent-husband for seeking maintenance besides a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005. It is also pleaded that an FIR is registered against respondent-husband at the behest of petitioner attributing offence under Ss. 498A and 406 IPC and after investigation, charge-sheet has already been filed against him and presently Criminal Case No. 466/2018 is pending before Chief Judicial Magistrate, Churu.

(3.) At the threshold, on 3/10/2018, notices were issued to respondent and further proceedings in the case pending before Family Court, Hanumangarh stayed. The notices issued to respondent were served as per report dtd. 16/11/2018 but despite service none has appeared on his behalf. On 20/11/2018, 5/12/2018, 2/1/2019, 16/1/2019, 1/2/2019, 19/2/2019, 8/3/2019, 1/4/2019 and 22/4/2019 nobody was present on behalf of respondent yet while deferring the matter, interim order was extended.