Virendra Kumar Mathur, J. - (1.) This Transfer Application under sec.24 CPC has been filed for transfer of Civil Misc. Application No.18/2016 (Jitendra v. Smt Renuka), filed by respondent under sec.9 of the Hindu Marriage Act for restitution of conjugal rights, pending before the Family Court, Chittorgarh, to the Family Court, Jodhpur.
(2.) Briefly stated, marriage between the parties was solemnized on 24.04.2012. After the marriage, the respondent started inflicting cruelty and mental torture and raised demand for money. The petitioner was ousted from her matrimonial home. Then the petitioner started living with her grandparents at Jodhpur.
(3.) The petitioner is unemployed, has no source of income to fulfill her daily as well as long term needs and is totally dependent on her grand-father and father, who also are having limited income. The respondent has filed application under sec.9 of the Hindu Marriage Act before Family Court, Chittorgarh. It was contended that it is very difficult for the petitioner to go from Jodhpur to Chittorgarh and attend the proceedings, particularly in light of the fact that the intention of the respondent while initiating such proceedings is to humiliate and harass the petitioner and secondly, to keep pressure on the petitioner. Notices of the petition were issued and after due service, the respondent has put in appearance through advocate. During pendency of this petition, the parties were directed to appear for Mediation but the mediation failed. No reply has been filed on behalf of the respondent. In the present case, after the marriage, the respondent started behaving with cruelty and raised demand for money. The petitioner was ousted from the matrimonial home and she was compelled to live with her grandparents at Jodhpur. It was contended that she was unemployed and had no source of income to fulfill her daily and long terms needs and his grand-father and father also have limited income. In such circumstances, it is very difficult for a lady to attend the case filed by respondent under sec.9 of the Hindu Marriage Act at Chittorgarh on each and every date. The distance between Jodhpur to Chittorgarh is around 300 kms and under these circumstances it is very difficult for a lady to travel such long distance, especially when she had no independent source of income and she is totally dependent on her grand-father.;