1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER
: S.B.CIVIL MISC.
TRANSFER PETITION NO.8/2014 Pinky Sarpota versus Shobhit Pandor Date of Order :: 5.3.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Dilip Singh Baghela, for the petitioner/s.
---- BY THE COURT: Despite service, no one is present on behalf of the respondent.
Heard learned counsel for the petitioner.
This petition under Section 24 CPC has been filed by the petitioner-wife seeking transfer of Civil Original Case No.350/2012 filed by the respondent before the Family Court, Udaipur to Family Court I, Jodhpur.
It is inter-alia indicated in the application that the petitioner has filed an application for grant of maintenance for her children under Section 125 Cr.P.C., the said proceedings are pending before the Family Court I, Jodhpur and another proceedings under the Protection of Women from Domestic Violence Act, 2005 are also pending before the jurisdictional criminal court at Jodhpur.
2 The present petition under Section 6 readwith Sections 7 and 13 of the Hindu Minority & Guardianship Act, 1956 and Section 25 of the Guardian & Wards Act, 1890 has been filed at Udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at Udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to bear.
As noticed, despite service no one has appeared on behalf of the respondent to oppose the prayer seeking transfer of proceedings.
The proceedings before the Family Court, Udaipur were also stayed by this Court vide order dated 22.1.2014.
In view of the submissions made, which have not been controverted by the respondent, the petition filed by the petitioner is allowed.
It is directed that the proceedings in Civil Original Case No.350/2012 (Shobhit Pandor v.
Smt.
Pinky) pending before the Family Court, Udaipur shall stand transferred to Family Court I, Jodhpur.
The parties shall remain present before the Family Court I, Jodhpur on 2.4.2014.
The record be transmitted by Family Court, Udaipur to Family Court I, Jodhpur immediately.
The stay petition stands disposed of.
(ARUN BHANSALI).J.
rm/12