Divya Devi (Smt.) Vs. Bhagwan Das

Divya Devi (Smt.) vs Bhagwan Das

Type Court Judgment Court Rajasthan Decided Jan 04, 2007

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Citation: sooperkanoon.com/772117
Court: Rajasthan High Court
Judge: Prakash Tatia, J.
Decided On: Jan 04, 2007
Case Number: S.B. Civil Transfer Petition No. 46/2006
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code, 1908 - Section 407--Transfer of case--Petition under Section 9 of Hindu Marriage Act, filed by respondent husband, pending in Family Court, Ajmer--Petitioner wife filed petition under Section 125 Cr.P.C. which is pending in Family Court, Jodhpur--Petitioner is young lady having small daughter a...

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Divya Devi (Smt.)

Respondent

Bhagwan Das

Legal References

Cases Referred: (Bhagwan Das v. Smt. Divya Devi
Reported In: 2007(1)WLN155

Excerpt

civil procedure code, 1908 - section 407--transfer of case--petition under section 9 of hindu marriage act, filed by respondent husband, pending in family court, ajmer--petitioner wife filed petition under section 125 cr.p.c. which is pending in family court, jodhpur--petitioner is young lady having small daughter aged 4 years--she is poor & illiterate--daughter suffering from asthma--held, petition under section 9 of hindu marriage act pending in family court, ajmer is transferred to family court, jodhpur.;transfer petition allowed. - - 1. notices sent to the respondent by registered post as well as ordinary post both have been received served. she is poor and illiterate lady having no source of income.prakash tatia, j.1. notices sent to the respondent by registered post as well as ordinary post both have been received served.2. nobody appeared on behalf of the respondent.3. heared learned counsel for the petitioner.4. the petitioner, wife of the respondent, has moved this petition for transfer of the petition no. 319/2006 (bhagwan das v. smt. divya devi) under section 9 of the hindu marriage act pending in the family court, ajmer to family court, jodhpur.5. according to the petitioner the petitioner has filed petition under section 125 cr.p.c. which is peding in family court, jodhpur. it is submitted that the petitioner is a young lady having small daughter aged 4 years. she is poor and illiterate lady having no source of income. it is also submitted that she cannot travel to a distance of 220 kms. and her child is also suffering from asthma.6. nobody appeared to oppose the petition and in view of the facts mentioned above, it will be appropriate that the petition filed by the respondent be heard at jodhpur.7. in view of the above, this transfer petition is allowed, the petition no. 319/2006 (bhagwan das v. smt. divya devi) filed by the respondent under section 9 of the hindu marriage act pending in the family court, ajmer is hereby withdrawn and is transferred to the family court, jodhpur for deciding the same in accordance with law.

Full Judgment

Prakash Tatia, J.

1. Notices sent to the respondent by registered post as well as ordinary post both have been received served.

2. Nobody appeared on behalf of the respondent.

3. Heared learned Counsel for the petitioner.

4. The petitioner, wife of the respondent, has moved this petition for transfer of the Petition No. 319/2006 (Bhagwan Das v. Smt. Divya Devi) under Section 9 of the Hindu Marriage Act pending in the Family Court, Ajmer to Family Court, Jodhpur.

5. According to the petitioner the petitioner has filed petition under Section 125 Cr.P.C. which is peding in Family Court, Jodhpur. It is submitted that the petitioner is a young lady having small daughter aged 4 years. She is poor and illiterate lady having no source of income. It is also submitted that she cannot travel to a distance of 220 Kms. and her child is also suffering from Asthma.

6. Nobody appeared to oppose the petition and in view of the facts mentioned above, it will be appropriate that the petition filed by the respondent be heard at Jodhpur.

7. In view of the above, this transfer petition is allowed, the Petition No. 319/2006 (Bhagwan Das v. Smt. Divya Devi) filed by the respondent under Section 9 of the Hindu Marriage Act pending in the Family Court, Ajmer is hereby withdrawn and is transferred to the Family Court, Jodhpur for deciding the same in accordance with law.

Same Court & Year Rajasthan · 2007 Same Parties Divya Devi (Smt.) vs Bhagwan Das Same Subject Service Tax Same Judge Prakash Tatia, J.

Service Tax