VIRENDRA KUMAR MATHUR, J. - (1.) This Transfer Application under section 24 CPC has been filed for transfer of Civil Misc. Case No.504/2015 (Basant Kumar v. Anuradha Jha), filed by the respondent under section 13(1) of the Hindu Marriage Act, pending before Family Court Jaipur, to the Family Court, Bhilwara.
(2.) Briefly stated, marriage of the parties took place on 25.11.2012. Soon after the marriage, the respondent and his family members started harassing the petitioner for demand of dowry. Physical and mental threats were also time and again given to the petitioner. The petitioner tried her level best to settle down the things but of no avail as there was unwarranted and undue pressure by respondent and his family members. The respondent and his family members treated the petitioner inhumanly and put pressure on her to bring an amount of Rs. 20 Lacs and also a Swift car. The petitioner was compelled to file an FIR against the respondent and his family members in Mahila Police Station, Bhilwara on 04.05.2015. An application under section 9 of the Hindu Marriage Act for restitution of conjugal rights was also filed by the petitioner in the Family Court, Bhilwara. It was also contended that a complaint under section 12 of the Protection of Women From Domestic Violence Act was filed by her against respondent.
(3.) In order to counter the proceedings initiated by the petitioner, the respondent filed an application under section 13 of the Hindu Marriage Act. It was also contended that the petitioner has no independent source of income and therefore, she has filed an application under section 125 CrPC, 1973 claiming maintenance from the respondent. The petitioner is facing threatening continuously by the respondent-husband and in such circumstances, it would not be possible for her to travel from Bhilwara to Jaipur on each and every date before the learned Family Judge, Jaipur. Under these circumstances, the prayer for transfer of Civil Misc. Case No.504/2015 pending in the Family Court Jaipur to the Family Court, Bhilwara is made.;