G.R.MOOLCHANDANI,J. - (1.) This transfer petition has been filed under Section 24 of C.P.C. by the petitioner-wife seeking transfer of Civil Case No.607/2015, titled as Vinit Sharma v. Smt. Swati Sharma , filed under Section 9 of the Hindu Marriage Act, pending in the court of Judge, Family Court, Sri Ganganagar to the court of Judge, Family Court, Udaiupr.
(2.) Heard learned counsel for the parties. While pressing this petition for transfer, learned counsel for the petitioner has submitted that the petitioner is a lady having kid of two years and she is not in a position to attend the court at Sriganganagar, which is bit away from Udaipur at a distance of more than 500 kms. Some of her matrimonial dispute related matters are subjudice in Udaipur where respondent is comfortably attending the courts. She cannot travel without any companion and heavy prejudice and insecurity shall be caused to her in visiting Sriganganagar. She is a lady, she cannot travel alone, she was beaten by respondent-husband and his cruelty related matter coupled with matter seeking maintenance are pending there in Udaipur, so, the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act at Sriganganagar be transferred to the Family Court, Udaipur where the petitioner can comfortably appear without any apprehension. Learned counsel for the petitioner has placed reliance upon the following verdicts:- (1) Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] (2) Sunita v. Lokesh Kumar 2016(2) RCD 72 (Raj.) Learned counsel for the respondent, relying upon the following verdicts:- (1) Kusum Saboo v. Rajendra Saboo 1996(2) DNJ 714 (2) Tilotamma (Smt.) v. Anoop Kumar 2009(3) DNJ 1472
(3.) Has contended that the petitioner is a tough lady, she is reluctant to join company of her husband, she has deserted the matrimonial company without any justified reason, she is working there and engaged in share business. The respondent had filed petition seeking restitution of conjugal rights primarily and as an off-suit of the same, the petitioner has filed frivolous litigation there. She has willingly deserted her husband, who is willing to restore the restitutional rights but the petitioner is restive and willfully not yielding to leave in the company and has wrongly deserted the respondent. The application for transfer is also filed under hegemony in order to compel the respondent to visit Udaipur. The application is groundless and worthy to be rejected. Application rejected.;