[2025:RJ-JD:30738]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 99/2025 Smt. Menka Rajawat D/o Shri Dalpat Singh, Aged About 35 Years, W/o Shri Prithvi Singh, R/o House No. 42, Bhakhari House, Yashpath, Ramnagar, Sodala, Opposite Sanwaria Bekari, Jaipur, At Present Resident Of 33-34, Jai Path, Ram Nagar, Sodala, Jaipur (Raj)

----Petitioner Versus Prithvi Singh S/o Shri Arjun Singh Bhati, Aged About 43 Years, Permanent Resident Of Vilage Tepu, Tehsil Phalodi, District Phalodi (Raj), At Present Resident Of Plot No. 38, Gali No. 12/3, New B.J.S. Colony, Jodhpur (Raj)

----Respondent For Petitioner(s) : Mr. Jai Singh Rathore through VC For Respondent(s) : None present HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

14/07/2025

1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 1114/2024 (CO No.349/24) “Prithvi Singh Vs. Smt. Menka Rajawat" preferred by the respondent-husband seeking dissolution of marriage pending before Family Court No.3, Jodhpur to Family Court No.1, Jaipur.

2. This Court, vide order dated 28.4.25, while issuing notices to the respondent, has stayed further proceedings in Case No. 1114/2024 (CO No.349/2024) pending before Family Court No.3, Jodhpur.

3. None present for the respondent despite service of notice.

4. Heard learned counsel for the petitioner and perused the material available on record.

5. Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized as per Hindu rites and customs on 17.10.2010 and out of the said wedlock two children were born. Since there was matrimonial dispute between the parties and the petitioner- wife was harassed, maltreated and kicked out of her matrimonial home, therefore, she is residing separately at Jaipur along with her daughter. She has filed an FIR No.141/2022 at Police Station Mahila Thana, Jaipur City South for the offences under Section 498A, 406, 323, 341, 354 and 120B IPC against her husband and his family member, in which, charge sheet has been filed before Metropolitan Magistrate No.12, Jaipur Metropolitan First and after framing of the charge, the matter is pending. The petitioner has also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act in the Court of Additional Civil Judge and Judicial Magistrate No.9, Jaipur Metropolitan First being No.31/22 which is pending consideration. She has also filed an application in the said complaint case seeking interim maintenance, wherein vide order dated 18.12.23 interim maintenance was granted, against which, the respondent husband filed an appeal which has been dismissed by the Additional District No.2, Jaipur Metropolitan First vide order dated 24.5.24, however, the compliance of the said order dated 18.12.23 was not made by the respondent-husband, therefore, she filed an application under Section 125 (3) Cr.P.C. which is pending consideration. It is argued that with a view to harass and humiliate the petitioner, the respondent-husband has moved application seeking dissolution of marriage before the Family Court No.3, Jodhpur.

6. Learned counsel for the petitioner further argued that the petitioner is a lady and is residing at Jaipur along with her daughter in a rented house. The cases filed by the petitioner as aforesaid are pending at Jaipur. She is not being paid any amount towards maintenance by the respondent-husband despite direction of the Court below. It is expensive and onerous for the petitioner to travel from Jaipur to Jodhpur on each and every dates of hearing all alone along with her daughter to defend the case instituted by the respondent husband. In the above facts and circumstances, it is submitted that since the aforesaid cases filed by the petitioner-wife are pending at Jaipur, in the interest of justice, the case filed by the respondent-husband under Section 13 of the Hindu Marriage Act seeking dissolution of m