HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 119 / 2016
Pooja Modi w/o Navin Modi D/o Rakesh Pipliwal, by caste Mahajan
aged about 30 years, r/o Mahesh Jindals Colony, Ward No.6, Tehsil
Devali, District Tonk (Raj.), presently residing at Dwarkesh
Dispensary Chopati Bazar, Kankroli, Rajsamand.
Navin Modi s/o Rampal Modi, by caste Mahajan, aged about 31
years, r/o Mahesh Jindals Colony, Ward No.6, Tehsil Devali, District
For Petitioner(s) : Mr S.S. Sisodia with Mr Ankit Prakash Singh
For Respondent(s) : Mr Abhijeet Joshi on behalf of Mr Ranjeet
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed in
respect of Civil Misc. Case No.81/2016 (Navin Modi v. Smt Pooja),
filed by the non-application under sec.13 of the Hindu Marriage
Act, pending before the Family Court, Tonk, for transfer to the
Family Court at Rajsamand.
Briefly stated, the marriage of the applicant was solemnized
with the non-applicant on 19.01.2012. On demand of dowry by
non-applicant the in-laws at the evil advise, the applicant went
to her parental house. It is submitted that due to harassment and
dowry demands, a complaint was lodged by the applicant against
the non-applicant and his family members under secs.498A and
406 IPC. An application was also filed by her under secs.12 23
(2 of 3)
of the Domestic Violence Act, which is still pending in the court of
The non-applicant, in counter blast and to harass the
applicant, moved an application for divorce under sec.13 of the
Hindu Marriage Act, which was registered as Civil Misc. Case
No.81/2016 (Navin Modi v. Smt Pooja) before District Sessions
Judge, Tonk. Later on, this divorce application was transferred to
the Family Court, Tonk.
It is submitted that the applicant is presently residing at
Rajsamand. It is also stated that recently the applicant was
threatened by relatives of the non-applicant, who has filed a case
at Tonk, that they will see how she enters in court campus at
Tonk. In the circumstances, the applicant can not go to Tonk along
with her minor daughter to attend the case. The applicant is
residing at Rajsamand, which is 250 kms from Tonk, she is a
young lady and it is also stated that nobody is in a position to
travel with her to Tonk.
The counsel for the non-applicant argued that there is no
ground for transferring the case from one court to another only
because the lady has a young child and that the distance between
two places is less than 300 kms. In support of his arguments, he
placed reliance on judgment of this Court in S.B. Civil Transfer
Application No.87/2015 (Smt Parwati Sharma v. Pawan Kumar)
decided on 03.11.2016.
Heard learned counsel for the parties.
The counsel for the applicant has placed reliance on
judgment of Hon’ble Supreme Court in Sunita Singh v. Kumar
(3 of 3)
Sanjay others and Smt Kanchan Tewari v. Vinod Kumar Tewari,
wherein it was held that convenience of wife in transferring
matrimonial dispute cases is of paramount importance. He further
placed reliance on recent judgment of Hon’ble Supreme Court in
Transfer Petition (Civil) No.1912/2014 : Krishna Veni Nagam v.
Harish Nagam decided on 09.03.2017.
The criminal case No.322/2015 under secs.498A 406 IPC
against the non-applicant is pending in the court of Judicial
Magistrate, Rajsamand. The application under secs.12 23 of the
Domestic Violence Act against the non-applicant is also pending
before the Judicial Magistrate, Rajsamand.
In the facts and circumstances, it is a fit case where
convenience of the lady applicant is to be considered, specially
when two cases, one under secs.498A 406 IPC and other under
Domestic Violence Act, against the non-applicant are pending at
Rajsamand. The applicant is residing at Rajsamand with her minor
child. In view of the circumstances, in the opinion of this Court, it
is a fit case for accepting the prayer for transfer of the case from
Family Court, Tonk to Family Court, Rajsamand.
The Transfer Application is allowed and it is ordered that the
Misc. Case No.81/2016 (Navin Modi v. Smt Pooja), filed by the
non-applicant, be transferred from the Family Court, Tonk to the
Family Court, Rajsamand.
(DR. VIRENDRA KUMAR MATHUR), J.