SUNITA CHAUHAN Vs. AKHILESH MEWARA

JUDGEMENT

(1.) None appears for the respondent - Akhilesh Mewara, though name of Mr. K.S. Yadav has been shown in the cause list.

(2.) By this transfer application, the petitioner wife Smt. Sunita Chauhan has sought transfer of Civil Case No.82/2011 Akhilesh Mewara vs. Smt. Sunita Chauhan filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act is pending before Family Court, Kota to Family Court, Jodhpur since the petitioner wife is permanent resident of Jodhpur and she is living with her parents at Jodhpur having been thrown out by her husband from her matrimonial home, who has filed the present petition under Section 9 of the Hindu Marriage Act.

(3.) Learned counsel for the petitioner -wife, Mr. B.R. Bhandari, submits that despite directions of this Court that both the parties shall appear before the Mediation Centre, Jodhpur on 16.04.2012 by this Court vide order dated 20.03.2012, the petitioner wife appeared there, but the respondent husband did not appear there and, therefore, the mediation accordingly failed. He also submits that learned counsel for the respondent, Mr. K.S. Yadav did not appear before this Court on 22.08.2012. Therefore, he submits that the transfer application may be allowed, so that case may be transferred from Kota to Jodhpur, where the case relating to Domestic Violance Act filed by the petitioner-wife is pending before the competent court.