Narendra Kumar Jain -II, J. - (1.) THIS transfer petition under Sec. 24 of the code of Civil Procedure, 1908 has been filed by the petitioner - Smt Tara Devi wife of respondent -Chandan Mal, for transfer of Civil Misc. Cases No. 51/2006 and 52/2006 -Chandan Mal vs. Smt Tara Devi filed under Secs. 10 and 12 of the Guardian and Wards Act and pending before the District Judge, Balotra to the District Judge, Pali. As per petition, the respondent -husband Chandan Mai has filed a petition under secs. 10 & 12 of the Guardian & Wards Act before the District fudge, Balotra, praying thereby for appointing him guardian and giving him custody of their minor son - Vikas (8 years) and minor daughter Priyanka (6 years), against petitioner -wife Smt. Tara Devi. The petition was registered as Civil Misc. Case No. 52/2006. The respondent -husband also filed an application for interim custody of their minor children, which is pending as Civil Misc. Case No. 51/2006 before the District Judge, Balotra.
(2.) HE further contended that against order dt. 18.10.2007 passed by learned District Judge, Balotra, whereby her application filed under Sec. 9 rule 13 CPC (for cancellation of decree passed under sec. 9 of Hindu Marriage Act), petitioner has filed a Misc. Appeal, being No. 42/2008, which is pending before this Court. It is stated that the petitioner was married with respondent in June 1996 and above said children born out of their wedlock. In the aforesaid petitions, it is alleged that the petitioner -wife lodged false criminal case under sec. 498A IPC against respondent -husband at the instigation of her mother and brother but in that case, respondent -husband was acquitted of the charge. It is further stated that despite decree for restitution of conjugal rights passed upon a petition filed by respondent -husband under sec. 9 of the Hindu Marriage Act, the petitioner -wife is not honouring the decree.
(3.) IT is also stated that the petitioner -wife is maintaining herself and the children out of maintenance amount paid by respondent -husband under orders of the Court. The respondent -husband is a government teacher and in view of better care of the children, he prayed for declaration as guardian of their minor children and custody of the children from petitioner -wife.;