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RAMESHWAR VYAS
Ankita Singh – Appellant
Versus
Neeraj Singh – Respondent
ORDER
1. The instant petition under Section 24 of Civil Procedure code has been filed by the petitioner - wife, seeking transfer of divorce petition under Section 13 of Hindu Marriage Act - Civil Misc. Application No. 49/2019 titled as Neeraj Singh vs. Ankita Singh, filed by the respondent - husband against her, from Family Court, Chittorgarh to the Family Court, Bhilwara.
2. None present for the respondent, inspite of service of notice.
3. In the transfer petition, it is averred that the marriage between the parties was solemnized on 29.5.2010 as per Hindu rites and customs. Out of their wedlock, one daughter named Aditri was born in the year 2017. With the birth of a girl child, the in-laws were not happy. The family members of the husband of the petitioner started ill-treating the petitioner and later on the petitioner was turned out of her matrimonial home by her in-laws. To maintain the matrimonial life, the petitioner filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The respondent - husband upon receipt of summons of application under Section 9 of Hindu Marriage Act, denied all the allegations and pleaded that he does not want to
The court may allow the transfer of a case if valid and reasonable grounds, such as inconvenience and hardship for the petitioner, are presented.
The central legal point established in the judgment is the consideration of the petitioner's status as a working woman and mother of minor children, and the significant difficulties she faced in trav....
The court established that the convenience of the parties, especially in family law matters involving children, is a significant factor in determining the venue for legal proceedings.
The court considered the petitioner's status as a working woman and mother of minor children, emphasizing the need to minimize inconvenience caused by long-distance travel and the importance of carin....
The legal principle established is the importance of the wife's residence in determining jurisdiction in matrimonial cases and the need to safeguard the interests and rights of women in such proceedi....
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