- (1.) THESE two transfer petitions have been filed by the wife seeking transfer of Civil suit . Case No.46/78/2011 � Mukut Bihari v/s Sonu) for declarationand Civil suit. No.34/90/2011 � Mukut Bihari V/s Sonu Tanwar both pending before the Civil Judge (J.D.) No.1, Alwar from Alwar to Jodhpur.
(2.) THE learned counsel for the peitioner Mr.B.S.Sandhu informs that in pursuance of the directions of coordinate bench of this Court in the order dtd.21.3.2012, the petitioner wife was present before the Mediation Centre on 25.4.2012. However, the respondent � Husband Mukut Bihari Meena was not present and therefore, the date was postponed to 21.7.2012. The marriage between the parties belonging to different castes, the applicant wife belonging to Rajput and respondent � husband belonging to Meena by caste, took place on 18.12.2007. The child Chitransh was born on 18.3.2012. Both the parties are constable in Rajasthan Police service. According to the averments made in the applications, both are serving at Jodhpur. However, these two suits, strangely enough, even though such suits, prima facie, being not maintainable, were filed at Alwar by the respondent � Husband about 500 kms. away from Jodhpur. The averments made in the suit about jurisdiction by the respondent � husband are that since he belongs to 'Meena' community, the concerned Court at Alwar has jurisdiction in this regard. This averment in para 8 of the plaint shocks conscience of the Court. These two suits are apparently filed with a view to harass the applicant � wife with minor child, who is presently living at Jodhpur. The averments made in the transfer petition also disclose that on account of apparent interference by the in-laws of the applicant wife, even though it was inter-caste love marriage, the parties fell apart and started living separately on account of alcohol drinking habits by the respondent � husband. Be that as it may, the transfer applications in both the matters filed by the applicant � wife appear to be based on genuine and legal grounds and since marriage in question took place at Jodhpur, both the parties are living at Jodhpur and child for whose custody, one of the suits has been filed is living at Jodhpur. Even otherwise, the suits are not maintainable at Alwar with the aforesaid averments made in the plaint. Having heard the learned counsel for the parties, this Court is inclined to allow these two transfer petitions with a direction the trial Court to whom the said trials are assigned at Jodhpur by the learned Dist. Judge, Metropolitan Jodhpur to first decide the question of maintainability of the suit itself under the relevant laws. The record of the concerned cases may be transferred to the learned Dist. Judge, Jodhpur Metropolitan within a period of one month from today. A copy of this order be sent to the concerned trial Court and parties may appear before the concerned trial Court on 20.8.2012. The parties as already informed are also expected to appear before the Mediation Centre on 21.7.2012. If the settlement is arrived at, the learned trial Court shall take that fact also into account, otherwise the question of maintainability should be decided as preliminary issue. Ordered accordingly.
(3.) WITH the aforesaid observations, the present transfer applications of petitioner � wife are allowed. No order as to costs.;