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Judgments of Supreme Court of India and High Courts

Ekta vs Dheeraj Kumar on 10 July, 2019

S.B. Civil Transfer Appl. No. 148/2018

Ekta W/o Dheeraj Kumar, Aged About 28 Years, D/o Babulal
Bagri, B/c Khatik, R/o Ward No. 39, Churu, Tehsil And District

Dheeraj Kumar S/o Nemichand, Aged About 31 Years, B/c
Khatik, R/o Ward No. 7, Hanumangarh Junction, Tehsil And
District Hanumangarh


For Petitioner(s) : Mr. N.L. Joshi
For Respondent(s) : None present




Petitioner-wife has preferred this petition under Section 24

CPC for seeking transfer of Civil Application No.323/2017 (Dheeraj

Kumar Vs. Ekta), pending before Family Court, Hanumangarh to

Family Court, Churu, which is filed by respondent-husband under

Section 9 of the Hindu Marriage Act, 1955 for seeking restitution

of conjugal rights.

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 Section 125

Cr.P.C. is filed against respondent-husband for seeking

maintenance besides a petition under Section 12 of the Protection

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of Women from SectionDomestic Violence Act, 2005. It is also pleaded

that an FIR is registered against respondent-husband at the

behest of petitioner attributing offence under Sections 498A Section406

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.

At the threshold, on 03.10.2018, 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 dated 16.11.2018 but

despite service none has appeared on his behalf. On 20.11.2018,

05.12.2018, 02.01.2019, 16.01.2019, 01.02.2019, 19.02.2019,

08.03.2019, 01.04.2019 22.04.2019 nobody was present on

behalf of respondent yet while deferring the matter, interim order

was extended.

Today also nobody is present on behalf of respondent.

After hearing learned counsel for the petitioner and upon

examining the grounds set out in the petition for transfer,

precisely, harping on the difficulties faced by petitioner for

attending proceedings at Family Court, Hanumangarh, besides,

pendency of other cases at Churu against respondent-husband, in

totality of circumstances and the fact that respondent has not

come forward to contest the petition, I feel persuaded to accept

this petition.

Accordingly, the instant transfer petition is allowed and Civil

Misc. Application No.323/2017 (Dheeraj Kumar Vs. Ekta), pending

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before Family Court, Hanumangarh is hereby ordered to be

transferred to Family Court, Churu.

The learned Family Court, Hanumangarh may ensure sending

of entire record of the case to learned Family Court, Churu




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