S.B. CIVIL MISC. TRANSFER APPLICATION NO.5/2013 Kamaljeet Kaur
Vs.
Mahipal Singh
Date of Order :: 29.1.2014
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Nitin Trivedi, for the applicant/s. Mr. Ashok Chhangani, for the respondent/s. ----
BY THE COURT:
Heard learned counsel for the parties.
This application under Section 24 of the Civil Procedure Code has been filed by the applicant-wife seeking transfer of Civil Misc. Application No.787/2010 filed by the respondent- husband under Section 13 of the Hindu Marriage Act, 1955 ('the Act') from the Family Court No.1, Jaipur to Family Court, Udaipur.
It is inter-alia averred in the application that the respondent had filed application under Section 9 of the Act for restitution of conjugal rights before Family Court No.1, Jaipur and an application seeking transfer of the said proceedings was filed before this Court wherein notices were issued, but 2
ultimately the proceedings under Section 9 of the Act were withdrawn and therefore, the transfer application was rendered infructuous; the father of the applicant has died in the year 2011 and she has a daughter aged about 5 years and therefore, on every date she is required to attend the hearing at Jaipur alongwith her mo