SMT. SEEMA Vs. HITESH S/O SHRI RAMLAL JI
LAWS(RAJ)-2018-3-32
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on March 08,2018

Smt. Seema Appellant
VERSUS
Hitesh S/O Shri Ramlal Ji Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) Despite service of the notice, nobody has appeared on behalf of the respondent-husband. As such, the present transfer application is being decided taking into consideration the averments made in the application and the submissions made by the learned counsel for the petitioner Mr. Salman Agha.
(2.) The facts, in nutshell, necessary for adjudication of the present transfer application are that the marriage of the petitioner and respondent was solemnized on 13.11.2013 as per the Hindu rituals and customs. After the marriage, the petitioner lived with her husband at Pali. However, due to alleged harassment and misbehaviour, the petitioner has come back to live with her parents at village called "Salwa Kalan", which is about 40 kms. from the District Headquarters. The petitioner has stated that she has filed two cases, for dowry under Section 498-A of the Indian Penal Code and under Section 12 of the Protection of Women from Domestic Violence Act , 2005
(3.) Learned counsel for the petitioner submitted that the present case (No. 65/2015 titled as "Hitesh Vs. Smt. Seems"), which is being sought to be transferred, has been filed by the respondent- husband in the Court of District & Sessions Judge, Pali; and for participating in the proceedings of case, the petitioner has first to travel from her village Salwa Kalan to Jodhpur and thereafter she has to take a bus to Pali, involving at lease 4 hours for travelling to cover a distance of about 120 kilometers. According to the petitioner, such journey is cumbersome and is a daunting for the petitioner, as she requires a male companion, which is difficult in the present case, as her father is an old man aged 70 years.;


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