KAMALJEET KAUR Vs. MAHIPAL SINGH
LAWS(RAJ)-2014-1-86
HIGH COURT OF RAJASTHAN
Decided on January 29,2014

KAMALJEET KAUR Appellant
VERSUS
MAHIPAL SINGH Respondents

JUDGEMENT

ARUN BHANSALI, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS application under Section 24 of the Civil Procedure Code has been filed by the applicant -wife seeking transfer of Civil Misc. Application No.787/2010 filed by the respondent - husband under Section 13 of the Hindu Marriage Act, 1955 ('the Act') from the Family Court No.1, Jaipur to Family Court, Udaipur. It is inter -alia averred in the application that the respondent had filed application under Section 9 of the Act for restitution of conjugal rights before Family Court No.1, Jaipur and an application seeking transfer of the said proceedings was filed before this Court wherein notices were issued, but ultimately the proceedings under Section 9 of the Act were withdrawn and therefore, the transfer application was rendered infructuous; the father of the applicant has died in the year 2011 and she has a daughter aged about 5 years and therefore, on every date she is required to attend the hearing at Jaipur alongwith her mother and a minor child. Further averments have been made indicating non - availability of the Presiding Officer on certain dates and allegations that the respondent is threatening to kill the applicant and she is facing ill -treatment; application under Section 127 Cr.P.C. filed by the petitioner is pending consideration before the Family Court, Udaipur and on account of difficulties being faced by her in attending the proceedings at Jaipur, the proceedings may be transferred.
(3.) NO reply to the said application has been filed by the respondent. It is submitted by learned counsel for the applicant that the applicant is facing inconvenience / difficulties in attending the hearing at Jaipur and therefore, the matter be transferred from Family Court No.1, Jaipur to Family Court, Udaipur. ;


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