Ekta vs Dheeraj Kumar

Petitioner-wife has preferred this petition under Section 24 CPC for seeking transfer of Civil Application No.323/2017 (Dheeraj Kumar Vs. Ekta),

pending before Family Court, Hanumangarh to Family Court, Churu, which is filed by respondent-husband under Section 9 of the Hindu Marriage Act,

1955 for seeking restitution of conjugal rights.

It is, inter-alia, averred in the petition that petitioner is having her permanent abode at Churu and Hanumangarh is about 300km far from Churu. Apart

from that, another ground set out in the petition is that at her behest, a petition under Section 125 Cr.P.C. is filed against respondent-husband for

seeking maintenance besides a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. It is also pleaded that an

FIR is registered against respondent-husband at the behest of petitioner attributing offence under Sections 498A & 406 IPC and after investigation,

charge-sheet has already been filed against him and presently Criminal Case No.466/2018 is pending before Chief Judicial Magistrate, Churu.

At the threshold, on 03.10.2018, notices were issued to respondent and further proceedings in the case pending before Family Court, Hanumangarh

stayed. The notices issued to respondent were served as per report dated 16.11.2018 but despite service none has appeared on his behalf. On

20.11.2018, 05.12.2018, 02.01.2019, 16.01.2019, 01.02.2019, 19.02.2019, 08.03.2019, 01.04.2019 & 22.04.2019 nobody was present on behalf of

respondent yet while deferring the matter, interim order was extended.

Today also nobody is present on behalf of respondent.

After hearing learned counsel for the petitioner and upon examining the grounds set out in the petition for transfer, precisely, harping on the difficulties

faced by petitioner for attending proceedings at Family Court, Hanumangarh, besides, pendency of other cases at Churu against respondent-husband,

in totality of circumstances and the fact that respondent has not come forward to contest the petition, I feel persuaded to accept this petition.

Accordingly, the instant transfer petition is allowed and Civil Misc. Application No.323/2017 (Dheeraj Kumar Vs. Ekta), pending before Family Court,

Hanumangarh is hereby ordered to be transferred to Family Court, Churu.

The learned Family Court, Hanumangarh may ensure sending of entire record of the case to learned Family Court, Churu forthwith.