Smt. Varsha Chayal vs Mukesh Barad on 11 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 44 / 2017
Smt. Varsha Chayal Wife of Mukesh Barad Daughter of Shree
Banshi Mohan Chayal, Aged About 31 Years, Resident of Plot No.
47, Chayal Villa, Ojhaji Ka Baag, Gandhi Nagar, Jaipur.
—-Petitioner
Versus
Mukesh Barad Son of Shree Govind Ram Ji Barad, by Caste
Jinagar, Resident of Makan No. 8/240 Dr. Sampuraanad Colony,
Near New Bus Stand Sirohi.
—-Respondent
__
For Petitioner(s) : Mr Dilip Singh Baghela
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
11/07/2017

This Transfer Application under sec.24 CPC has filed seeking

transfer of Civil Misc. Case No.68/2016 (Mukesh Barad v. Smt

Varsha Chayal, filed by the respondent under sec.9 of the Hindu

Marriage Act, pending before the District Judge, Sirohi to the

Family Court at Jaipur.

Briefly stated, the marriage of the parties was solemnized on

23.11.2008 and one male child born out of the wedlock. The

petitioner was subjected with cruelty, mental agony and

harassment by her in-laws for demand of dowry. Under compelling

circumstances, the petitioner is residing with her parents at Jaipur.

She has filed an application under secs.12 23 of the

Domestic Violence Act, 2005 against the respondent, which is

pending before ACJM No.2, Jaipur Metropolitan. A criminal case

has also been filed by her against the respondent under secs.498A

and 406 IPC, which was registered at Mahila Thana, Jaipur.
(2 of 2)
[CTA-44/2017]

The respondent husband has filed an application under sec.9

of the Hindu Marriage Act for restitution of conjugal rights before

the District Judge, Sirohit, which was registered as Civil Misc. Case

No.68/2016.

Nobody has appeared for the respondent even after service.

Heard learned counsel for the petitioner.

On the facts averred in the application, it is submitted that

the petitioner is a lady and more so, she is having no sufficient

means to support herself and to incur the expenses for travelling

to defend in the case filed by the respondent husband at Sirohi.

It is true that the respondent husband is already coming to

Jaipur for defending case filed by the petitioner under secs.12

23 of the Domestic Violence Act and also the criminal case

registered under secs.498A and 406 IPC. In the facts and

circumstances of the present case, this is a fit case where the

court should look into inconvenience of the petitioner lady.

Looking to the distance between Jaipur and Sirohi, the

petitioner being a lady having young child and having no sufficient

means; it would be proper and just to allow this application for

transfer of the case filed by the respondent from Sirohi to Jaipur.

Accordingly, this Transfer Application is allowed and Civil

Misc. Case No.68/2016 (Mukesh Barad v. Smt Varsha Chayal) is

ordered to be transferred from the court of District Judge, Sirohi

to the Family Court at Jaipur.

(DR. VIRENDRA KUMAR MATHUR), J.

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