HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 119 / 2015
Smt. Indra Devi w/o Shri Dhanveer Singh Dhakar, D/o Shri Dhani
Ram Dhakar, aged about 21 years, r/o Weir, Tehsil District
Dhanveer Singh Dhakar s/o Shri Tula Ram Dhakar, aged about 37
years, aged about 37 years, r/o Khohra, Tehsil Weir, District
Bharatpur, Rajasthan. At present Azad Nagar, Tehsil District
For Petitioner(s) : Mr Naveen Trivedi
For Respondent(s) : none present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Petition under sec.24 read with sec.151 CPC
has been filed, praying to transfer Civil Misc. Case No.642/2014
(Dhanveer Singh Dhakar v. Smt Indra Devi) filed under sec.10 of
the Hindu Marriage Act before the Family Court, Bhilwara to the
Family Court or court of Sessions, Bayana, Bharatpur.
Briefly stated, marriage of the parties was solemnized on
06.05.2011 at Weir, Bharatpur. Soon after the marriage, the
respondent and his family members started causing cruelty
against the petitioner. The respondent moved a Divorce Petition on
18.11.2014 under sec.10 of the Hindu Marriage Act before the
Family Court at Bhilwara, wherein he made false and fabricated
allegations against the petitioner, to get rid from her.
(2 of 3)
The petitioner also has filed an FIR No.202/2015 on
14.09.2015 for offences under sections 120B, 106, 420, 498A and
494 IPC, which was registered at Police Station, Weir, Bharatpur. It
is also stated that the financial condition of the petitioner is poor
and it is difficult for her to travel to the Family Court, Bhilwara
The petitioner also contended that the respondent Dhanveer
Dhakar has entered into a second marriage at Bhilwara with Rekha
Dhakar and they have an issue out of this marriage, respondent’s
second wife is also working as Teacher Grade-III in Government
Primary School, Sola-ka-kheda, district Bhilwara.
In this case, even after service, the respondent has not
appeared and no reply has been filed by him.
Heard learned counsel for the petitioner.
According to the petitioner, one FIR No.202/2015 dated
14.09.2015, for offence under secs.120B, 406, 498A, 494 IPC, is
pending against the respondent at Weir, Bharatpur. The petitioner
is presently living with her parents. As per petitioner, the
respondent has entered into second marriage and he is living with
second wife at Bhilwara. Looking to the distance between Weir,
Bharatpur and Bhilwara, it is inconvenient for a lady to contest a
case at Bhilwara. In the facts and circumstances, it is a fit case
where convenience of the petitioner, who is a lady, is to be
In the opinion of the Court, in the present facts and
circumstances of the case, the present application deserves to be
allowed. Accordingly, the Transfer Application is allowed and the
(3 of 3)
Divorce Petition No.642/2014 (Dhanveer Singh Dhakar v. Smt
Indra), pending before the Family Court, Bhilwara, is ordered to be
transferred to the court of Sessions, Bayana, Bharatpur.
(DR. VIRENDRA KUMAR MATHUR), J.