HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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
Churu
—-Petitioner
Versus
Dheeraj Kumar S/o Nemichand, Aged About 31 Years, B/c
Khatik, R/o Ward No. 7, Hanumangarh Junction, Tehsil And
District Hanumangarh
—-Respondent
For Petitioner(s) : Mr. N.L. Joshi
For Respondent(s) : None present
HON’BLE MR. JUSTICE P.K. LOHRA
Order
10/07/2019
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
forthwith.
(P.K. LOHRA),J
75-T.Singh/-
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