Smt. Indra Devi vs Dhanveer Singh on 6 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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
Bharatpur (Raj.)
—-Petitioner
Versus
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
Bhilwara, Rajasthan.
—-Respondent
__
For Petitioner(s) : Mr Naveen Trivedi
For Respondent(s) : none present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Order
06/07/2017

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)
[CTA-119/2015]

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

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and it is difficult for her to travel to the Family Court, Bhilwara

from Bharatpur.

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

considered.

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)
[CTA-119/2015]

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.

mma/51

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