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Order 15/04/2025

1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Civil Original Case No. 65/2024 "Ram Bharos Vs. Sheela Mehra" preferred by the respondent- [2025:RJ-JD:18563] (2 of 4) [CTA-225/2024] husband u/s 19 of the Hindu Marriage Act, pending in the Family Court Bundi to the Family Court, Rajsamand.

2. Service is complete and Mr. Mukesh Gurjar, learned counsel appears for the respondent.

3. Heard learned counsel for the parties and perused the material available on record.

4. Learned counsel for the petitioner wife-submitted that the marriage between the petitioner-wife and respondent-husband was solemnized as per the Hindu rites on 06.05.2011 and out of the wedlock, the petitioner No.2 and petitioner No.3, daughters were born. Since the petitioner-wife was treated cruely, harassed, maltreated and she filed complaint before Mahila Thana, Sadar Bara against the respondent for the offences u/s 498-A and 406 of IPC. She further submits that, respondent conspired and by taking advantage of the innocence of the petitioner, took her signature on a blank stamp paper and subsequently, drafted a settlement agreement on it and fradulently withdrew the said criminal case on the basis of the said settlement agreement. She filed an application under Section 125 of Cr.P.C. before the learned Chief Judicial Magistrate, Rajsamand, which is pending adjudication. It is submitted that with a view to harass and humiliate the petitioner, the respondent-husband has moved the application under Section 9 of the Hindu Marriage Act before Family Court, Bundi seeking restitution of conjugal rights.

5. Learned counsel for the petitioner further submitted that the petitioner is a lady and there is great hardship for the petitioner- wife to travel 240 kms from Rajsamand to Bundi with her two minor children aged 9 years and 2 years to attend the proceedings [2025:RJ-JD:18563] (3 of 4) [CTA-225/2024] of the case at Bundi and she does not have enough source of income to support their livelihood.

6. Learned counsel for the petitioner submitted that in the above facts and circumstances and looking to the fact that the aforesaid case instituted by the petitioner-wife is pending at Rajsamand, in the interest of justice, the case filed by the respondent-husband pending before Family Court Bundi deserves to be transferred to the Family Court, Rajsamand.

[2025:RJ-JD:18563] (4 of 4) [CTA-225/2024]

9. Having considered the submissions made on behalf of the petitioner, looking to the facts and circumstances of the case noticed above and the settled position of law by the Hon'ble Supreme Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that the Civil Original Case No. 65/2024 pending in the Family Court, Bundi titled as 'Ram Bharos Vs. Sheela Mehra' be transferred to the Family Court, Rajsamand. The Family Court, Bundi is directed to send the record of the aforesaid case to Family Court, Rajsamand immediately. The parties are directed to appear before the family Court, Rajsamand on 15.05.2025. A copy of this order be sent to the Family Court, Bundi and Family Court, Rajsamand forthwith. Stay application also stands disposed of.