HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 53 / 2016
Smt. Manasvi Rathore w/o Ajay Singh D/o Maan Singh Lakshman
Prasad Sharma, aged 25 years, by caste Rajput, r/o 23, raajmata
ka nohra, near veterinary college, Bikaner (Raj.)
Ajay Singh s/o Mool Singh, aged 25 years, by caste Rajput, r/o
Shiv Colony, Pilani, District Jhunjhunu (Raj.)
For Petitioner(s) : Mr Kaushal Gautam
For Respondent(s) : None
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Original Case No.18/2015 (Ajay Singh v. Smt
Manasvi), preferred by respondent under sec.13(1)(i)(a) of the
Hindu Marriage Act, pending before the Family Court, Jhunjhunu
to the Family Court, Bikaner.
Briefly stated, the petitioner and respondent married on
16.02.2014 and there is no issue out of their wedlock. It is
submitted that the petitioner had lodged a criminal complaint for
offence under secs.498A, 406, 323, 354 IPC whereupon FIR
No.274/2014 was registered at Mahila Police Station, Bikaner. In
that case, the Police filed Final Report on the ground that a
compromise has taken place between the parties. However, after
the compromise the behaviour of the respondent never changed
(2 of 3)
and the petitioner was constrained to confront by way of filing a
Protest Petition against the FR, which is pending before court of
competent jurisdiction at Bikaner.
It is also submitted that the petitioner is about 25 years of
age, she do not have any any independent source of income and
is not able to maintain herself. The distance between Jhunjhunu
and Bikaner is about 300-350 kms and it is very difficult for the
petitioner to travel from Bikaner on every date of hearing to
contest the case before learned Family Court at Jhunjhunu.
Notices were issued to the respondent on 07.04.2017 and
power was filed on his behalf. Thereafter, time was taken for filing
reply on 26.04.2017, 11.05.2017 and 07.07.2017 but no reply has
been filed. Today, no one has appeared for the respondent.
Heard learned counsel for the petitioner.
The parties married on 16.02.2014 at Bikaner. Counsel for
the petitioner submitted that the petitioner was expelled out of
matrimonial home on account of non-fulfillment of demand for
dowry. Presently she is living at Bikaner with her parents. A
complaint was also lodged under secs.498A, 406, 323, 354 IPC, in
which Final Report was filed on the ground of compromise
between the parties but later on, the respondent denied to take
the petitioner with him to the matrimonial home. Thereupon a
Protest Petition has been filed against the FIR, which is pending
consideration before the competent court at Bikaner. The
respondent has preferred Divorce Petition before the District
Judge, Jhunjhunu. It is also contended that the distance between
Bikaner and Jhunjhunu is 300-350 Kms and it is not possible for
(3 of 3)
the petitioner lady to contest the case pending at Jhunjhunu in the
circumstances when she had no independent source of income.
Considering the hardship of the applicant lady, in view of the
ratio laid down by Hon’ble Supreme Court in Vaishali Shridhar
Jagtap v. Shridhar Vishwanath Jagtap reported in 2016 (4)
WLN 237 (SC), it is a fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Civil
Original Case No.18/2015 (Ajay Singh v. Manasvi) pending before
the Family Court, Jhunjhunu is ordered to be transferred to the
Family Court at Bikaner.
(DR. VIRENDRA KUMAR MATHUR), J.