HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 70 / 2015
Smt. Simran @ Kanta w/o Sh. Prem Kumar Bachani D/o Sh. Prem
Chand Khelani, by caste Sindhi, aged about 43 years, presently
r/o House No.710, First B Road, Sardarpura, Jodhpur
Prem Kumar Bachani s/o Sh. Madhavdas, by caste Sindhi, aged
about 49 years, r/o 28 Friend’s Colony, near Kelgiri Hospital,
Malviya Nagar, Tehsil Sanganer, Jaipur.
For Petitioner(s) : Mr Dilip Sharma
For Respondent(s) : Mr Devi Singh Bhati
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Petition under sec.24 read with sec.151 CPC
has been filed to transfer Civil Misc. Case No.35/2015 (Prem
Kumar Bachani v. Smt Simran @ Kanta), pending at the Family
Court No.2, Jaipur Metropolitan, to Family Court at Jodhpur.
Briefly stated, facts of the case are that the marriage of the
parties was solemnized on 21.10.1996 at Jodhpur. After some
time of the marriage, the respondent started making demand of
dowry and torturing her. Presently, the petitioner is having two
daughters, namely Shweta and Manasi. The respondent has
levelled false character allegations against the petitioner and is
not accepting daughter Shweta.
It is further stated that the petitioner was forced to leave
the matrimonial home and the respondent also initiated legal
(2 of 4)
proceedings against her, which was settled by petitioner looking to
future of their daughters. The petitioner was also forced to sign
some compromise documents on conditions of the respondent.
However, despite all efforts of the petitioner, the respondent
has not changed his behaviour and continued to harass and
demand dowry. In such circumstances, the petitioner lodged an
FIR against the respondent for offence under sec.498A and 406
IPC, in which charge-sheet was filed and after trial in that case
No.503/2011 (State v. Prem Kumar), vide order dated 22.05.2014
the learned Munsif Magistrate, Jodhpur found the respondent
guilty of the offence charged against him. The respondent filed an
appeal against his conviction before the Sessions Judge, Jodhpur
District, which was registered as Criminal Appeal No.41/2014 and
the same is pending adjudication.
The respondent has filed a Divorce Petition under sec.13 of
the Hindu Marriage Act before the Family Court No.2, Jaipur
Metropolitan, in which he has levelled vague and baseless
allegations against the petitioner.
It is submitted that the petitioner is a lady, having two
daughters. One daughter, namely Shweta, is living with the
petitioner and she is not having any source of income and she is
not highly educated. Father of the petitioner is not in a condition
to maintain her and her daughter. Due to financial problems, a
lady like her with two daughters is unable to appear and contest
divorce case filed by the respondent before the Family Court No.2,
(3 of 4)
Heard learned counsel for the parties.
It is argued on behalf of the petitioner that the petitioner is
presently residing with her father, with her one daughter. The
petitioner is under constant threat to her life because the
respondent is financially very sound person and he may try to
take illegal benefit of her loneliness at Jaipur court.
It is further argued that the respondent was held guilty in
criminal case No.503/2011 (State v. Prem Kumar), which was
decided on 22.05.2014 and against that order an appeal filed by
the respondent, registered as Criminal Appeal No.41/2014, is
pending before the Sessions Judge, Jodhpur District. It is also
stated that the respondent is continuously attending proceedings
of aforesaid appeal at Jodhpur and in this situation, in case the
Divorce Petition filed by the respondent at Jaipur is transferred to
Jodhpur, it will not adversely affect the respondent. On the other
hand, hardship of the petitioner, being a lady of 43 years of age
with young daughter, she is not having regular source of income
and her father is not capable of bearing expenses to attend
proceedings at Jaipur, deserves to be considered.
Learned counsel for the petitioner placed reliance on
judgments reported in AIR 2002 SC 396 (Sumita Singh v. Kumar
Sanjay another), 2015(4) DNJ (Raj) 1511 (Sonu Soni (Smt) v.
Jayesh Kumar Soni) as also decision of this Court dated
29.01.2014 delivered in S.B. Civil Misc. Transfer Application
No.05/2013 (Kamaljeet Kaur v. Mahipal Singh), in support of his
submission that due credence should be given to inconvenience of
wife in transfer of a matrimonial case.
(4 of 4)
In the facts and circumstances, in the opinion of this Court,
this is a fit case where convenience of the lady deserves to be
considered and the present Transfer Application of petitioner-wife
deserves to be accepted.
Consequently, this Transfer Application is allowed and it is
ordered that the Civil Misc. Case No.35/2015 (Prem Kumar
Bachani v. Smt Simran @ Kanta) be transferred from the Family
Court No.2, Jaipur Metropolitan to the Family Court No.1, Jodhpur.
(DR. VIRENDRA KUMAR MATHUR), J.