Seema Tanwar vs Rajendra Kumar Saini

Alok Sharma, J.—This petition u/s 24 CPC seeks transfer of the case No. 41/2010, Rajendra Kumar Saini Vs. Smt. Seema Tanwar, filed u/s 9 of the Hindu Marriage Act, 1955 (hereinafter ''the 1955 Act'') by the respondent herein for restitution of conjugal rights, and presently pending in the Court of Additional District Judge Tijara, District Alwar to the Family Court No. 2, Jaipur City Jaipur.

Heard learned counsel for the parties and perused the material available on record of the application.

Learned counsel for the applicant submits that the application for restitution of conjugal rights has been filed by the respondent in the court of District Alwar just to harass the applicant, who resides at Jaipur. It has been submitted that a case u/s 12 of the Protection of Women from Domestic Violence Act, 2005 at the instance of the applicant against the respondent husband is pending before the Additional Chief Judicial Magistrate No. 3, Jaipur City, Jaipur. Further a case u/s 13 of the 1955 Act at the instance of applicant against the respondent husband is also pending before Family Court No. 2, Jaipur City Jaipur. It has been submitted that as a single woman with two minor children to look after and suffering from 40% permanent disability, the petitioner cannot travel to Tijara to defend the respondent''s case. And with the two matters against the respondent husband pending at Jaipur, which he in any event has to defend, it would be in the interest of justice to transfer the case filed by the respondent husband at Tijara to the Family Court No. 2, Jaipur.

Counsel for the respondent submitted that the respondent suffers from 90% permanent disability and has no means to travel to Jaipur.

Heard. Considered.

In view of the enunciation of law by the Hon''ble Supreme Court in case of Sumita Singh Vs. Kumar Sanjay and Another, and in view of the fact that two other cases arising out of the matrimonial dispute between the contesting parties are pending at Jaipur and that the applicant is residing at Jaipur, I would, taking an overview of the facts, allow this transfer petition and direct that the case No. 41/2010 filed by the respondent husband before the Additional District Judge Tijara, District Alwar be transferred to the Family Court, No. 2, Jaipur City, Jaipur.

The transfer petition stands accordingly allowed.