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2021 Supreme(Raj) 1806

RAMESHWAR VYAS
Anuradha Haldhani – Appellant
Versus
Sameer Haldhani – Respondent


Advocates appeared:
Mr. Vivek Goyal, Advocate, for the Applicant; Mr. Rajneesh Gupta, Advocate, for the non-Applicant

JUDGMENT

The instant transfer application under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the applicant-wife seeking transfer of the petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act, 1955 (afterwards referred to as "the Act of 1955") read with Section 7 of the Family Court Act and Section 151 of C.P.C., by the non-applicant -husband bearing Case No. 744/2020 titled as "Sameer Haldhani v. Smt. Anuradha Haldhani & Ors." from Family Court No. 1, Jaipur Metropolitan (First) to Family Court, Ajmer.

Brief facts of the case are that the marriage between the applicant No. 1 and non-applicant was solemnized on 17.04.2009 at Ajmer in accordance with Hindu rites; out of said wedlock, the applicant-wife has given birth to a baby child, viz. Ms. Yashasvi on 29.07.2012. The applicant-wife alleged that she was treated with cruelty in connection with dowry demands. She was expelled from matrimonial home with her 8 years daughter on 12.07.2020. She is residing with her parents. She is housewife having no independent source of income for maintaining herself and her daughter. An FIR has been lodged on the complaint filed by the appl

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