Chhaya Rajawat vs Kok Singh Rajawat

S.N. Aggarwal

The applicant is the wife and the respondent is her husband. There is matrimonial discord between them. The applicant has filed a complaint against the respondent under the provisions of Domestic Violence Act in the Court at Bhind, whereas the respondent has filed a petition u/s 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the applicant in District Court at Sheopur. Both these cases filed by the parties against each other are pending in two different courts. The applicant being the wife and in an disadvantaged position, has filed this application u/s 24 CPC for transfer of matrimonial case No.22/11 filed by the respondent against her from the Court of District Judge Sheopur to the Court of District Judge Bhind. The applicant has alleged that she has no source of income and has reasonable apprehension in her mind that if she is forced to go to district Sheopur to defend the case for restitution of conjugal rights filed against her by her husband, then she may again be beaten up so that 2 MCC No.362/11 she may not defend the case instituted by the respondent against her effectively. It may be noted that a child was born to the parties from their wedlock who as on date is stated to be 2 years old and is in custody of the applicant.

Having regard to the facts and circumstances of the case and the submissions made by the counsels for the parties, the petition u/s 9 of the Hindu Marriage Act, 1955 (matrimonial case No.22/11) presently pending in the Court of District Judge, Sheopur, is transferred to the Court of District Judge, Bhind. The District Judge, Sheopur, is directed to send the file of matrimonial case No.22/11 lock-stock-and-barrel to the District Judge, Bhind, immediately on receipt of a copy of this order and the District Judge, Bhind, is directed to assign the said case to a Judge dealing with matrimonial cases at Bhind for decision in accordance with law. This MCC is disposed of accordingly.