- (1.) THE petitioner wife is not present in Court despite directions of more than one occasions passed earlier. It appears that the petitioner is avoiding the appearance in the Court with children despite directions of this Court. Therefore, the arguments on merits of Transfer Application was heard.
(2.) BY this transfer petition, the petitioner-wife Smt. Manisha Jain @ Neeta Jain has sought transfer of case No. 74/2008 rajesh Kumar Vs. Smt. Manisha Jain @ Neeta Jain pending in the family Court, Udaipur filed under Section 6 and 7 of the Hindu minority and Guardianship Act, 1956 seeking custody of two children out of the wedlock namely Tripal and Aditya.
(3.) THE question of jurisdiction upon an application filed by the petitioner-wife on 16. 2. 2008 has been decided against her by the family Court, Udaipur by the order dated 18. 5. 2009 finding therein that these children were ordinarily residing with the respondent-father shri Rajesh Kumar at Bhinder, the place of service of the respondent-husband and on 22. 1. 2008 without the knowledge and consent of the respondent-husband, the petitioner-wife took away these children and since then they are residing with her at Banswara.;