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Order
21/04/2025
1. The instant civil transfer application has been filed by the
petitioner-wife seeking transfer of Civil Original Case No.
252/2024 “Himanshu Songara Vs. Deepa Panwar” preferred by the
respondent-husband u/s 9 of the Hindu Marriage Act, pending in
the Family Court No.2 Jodhpur Metropolitan to the Family Court,
Ajmer.
2. Service is complete and Mr. Avinash Bhati, 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 22.02.2023 and out of
[2025:RJ-JD:19284] (2 of 4) [CTA-186/2024]
wedlock one male child was born on 03.01.2024 but due to
atrocities, tortures and acts done by the respondent, mother-in-
law, sister-in-law, elder brother-in-law and maternal uncle, the
son of the petitioner dies on 16.01.2024. Since the petitioner-wife
was treated cruely, harassed, maltreated, she lodged an FIR
bearing no. 50/2024 at P.S. Mahila, Distt. Ajmer, in which after
investigation charge sheet has been filed. She moved an
application under Section 125 of Cr.P.C. against the respondent
before the Family Court No.1, Ajmer seeking monthly allowance
for maintenance which is still pending adjudication. She also
preferred an application under Section 3,17, 18, 19, 20, 22, 23
and Section 9, 12 and 13 of the Protection of Women from
Domestic Violence Act, 2005 before the Court of Chief Judiial
Magistrate, Ajmer. It is submitted that with a view to harass and
humiliate the petitioner, the respondent-husband has moved an
application under Section 9 of the Hindu Marriage Act before
Family Court No. 2, Jodhpur Metropolitan seeking restitution of
conjugal rights.
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