VIRENDRA KUMAR MATHUR, J. - (1.) This Transfer Petition under section 24 CPC has been filed praying for transfer of Civil Misc. Case No. 476/2014 (Lokesh v. Smt Seema ) filed under section 13 of the Hindu Marriage Act as also Civil Misc. Case No.14/2015 (Smt Seema v. Lokesh ) filed under section 24 of the Hindu Marriage Act, both pending before Family Bikaner, to Family Court at Jaipur.
(2.) Briefly stated, marriage of the parties was solemnized on 19.07.2010. Out of their wedlock, one male child born on 06.09.2011. Soon after the marriage, the respondent started misbehaving, causing mental and physical cruelty, on account of demand of dowry. On 01.12.2012, when the petitioner was at Bikaner, the respondent husband and his family members beaten her, demanded dowry and thrown her out of the matrimonial home. After this incident, the petitioner phoned and called her father at Bikaner and narrated him entire incident. Father of the petitioner was not in a position to fulfill the illegal demand of dowry. Under these conditions, the petitioner took recourse to legal proceedings by submitting a complaint before competent trial court at Jaipur, which was sent for investigation under section 156(3) to Mahila Police Station, Jaipur (South); on the basis of which an FIR No.33/2015 was registered against the respondent and his family members for offence under sections 498A, 406, 323, 341 and 120B IPC, which is pending investigation.
(3.) The respondent submitted a petition under section 13 of the Hindu Marriage Act before the Family Court, Bikaner. The petitioner has also filed an application under section 24 of the Hindu Marriage Act before the Family Court, Bikaner against the respondent for grant of maintenance for herself and her minor son. The respondent husband and his family members are continuously giving threat to the petitioner and her family members on phone. In these circumstances, it would not be possible for her to travel from Jaipur to Bikaner on each and every date of hearing.;