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Divya Devi (Smt.) vs Bhagwan Das

Rajasthan High Court · Decided on 4 January 2007 · Citation: (2007) 1 WLN 155

HON’BLE JUDGES
P.C. Tatia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 125 · Hindu Marriage Act, 1955 — Section 9
CASE NUMBER
Civil Transfer Petition No. 46 of 2006
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Judgment

7 paragraphs · 232 words

Prakash Tatia, J.—Notices sent to the respondent by registered post as well as ordinary post both have been received served.

2.

Nobody appeared on behalf of the respondent.

3.

Heard learned Counsel for the petitioner.

4.

The petitioner, wife of the respondent, has moved this petition for transfer of the Petition No. 319/2006 (Bhagwan Das v. Smt. Divya Devi) u/s 9 of the Hindu Marriage Act pending in the Family Court, Ajmer to Family Court, Jodhpur.

5.

According to the petitioner the petitioner has filed petition u/s 125 Cr.P.C. which is peding in Family Court, Jodhpur. It is submitted that the petitioner is a young lady having small daughter aged 4 years. She is poor and illiterate lady having no source of income. It is also submitted that she cannot travel to a distance of 220 Kms. and her child is also suffering from Asthma.

6.

Nobody appeared to oppose the petition and in view of the facts mentioned above, it will be appropriate that the petition filed by the respondent be heard at Jodhpur.

7.

In view of the above, this transfer petition is allowed, the Petition No. 319/2006 (Bhagwan Das v. Smt. Divya Devi) filed by the respondent u/s 9 of the Hindu Marriage Act pending in the Family Court, Ajmer is hereby withdrawn and is transferred to the Family Court, Jodhpur for deciding the same in accordance with law.