HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 13 / 2017
Smt. Kirti Paliwal W/o Shri Kuldeep Joshi, D/o Shri Mahesh
Chandra Paliwal, Aged About 29 Years, R/o – Plot No. -27,
Indraprasth Nagar-C, Hiran Magri, Sector No. 14, Udaipur,
Presently R/o Dhora Mohalla, Pipali Chabutra Kankroli, Tehsil
Rajsamand, P.S. Kankroli, Distt. Rajsamand
—-Petitioner
Versus
Kuldeep Joshi S/o Shri Ramesh Chandra Ji Joshi, Aged About 29
Years, R/o House No. -27, Indraprasth-C, Hiran Magri, Sector No.
-14, Udaipur.
—-Respondent
__
For Petitioner(s) : Mr Love Jain on behalf of Mr Deepak Menaria
For Respondent(s) : Mr Shambhoo Singh
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
25/07/2017
This Transfer Application under sec.24 CPC has been filed
praying for transferring Civil Original Case No.636/2016 (Kuldeep
Joshi v. Smt Kirti), filed by the respondent for dissolution of the
marriage, pending before the Family Court, Udaipur, to the Family
Court, Rajsamand.
Briefly stated, marriage of the parties was solemnized on
30.11.2012. Soon after the marriage, the petitioner was harassed
by the respondent and his family members for demand of dowry.
An FIR was lodged by the petitioner on 12.06.2013 for offence
under secs.498A, 406, 354 IPC at Mahila Police Station,
Rajsamand. It is contended that during investigation in the
aforesaid FIR, the respondent with ulterior motive made
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[CTA-13/2017]
compromise with the petitioner but thereafter the respondent
again started harassing her and she was ousted from the
matrimonial home and presently, she is residing at Kankroli.
It was also stated that on 22.09.2016 the respondent filed
an application under sec.13 of the Hindu Marriage Act before the
Family Court, Udaipur. The petitioner also filed an application
under sec.12 of the Protection of Women from Domestic Violence
Act, 2005 before learned Judicial Magistrate, Rajsamand. She has
also filed an application under sec.125 CrPC before the Family
Court, Rajsamand. It was stated that both the aforesaid
applications against the respondent are pending at Rajsamand and
she being a lady, is facing difficulties in attending court at Udaipur
to defend herself in the divorce case filed by the respondent.
Reply to the Transfer Application has been filed by the
respondent and it was stated that presently the petitioner ;is
residing at house of Kamla Paneri w/o Kailash Paneri, 26/57,
Kartikey Society, Dholi Magri, Mayur Van, Paneriyon-ki-Madari,
Police Station Sector No.6, Udaipur and she is also doing job
though M/s Mansi Associates in the Industrial Training Institute,
Pratapnagar, Udaipur.
It is further stated that the respondent has sought
information from the Principal, ITI, Pratap Nagar, Udaipur
regarding her employment, salary etc and it was informed that
she is employee of M/s Mansi Associate, Udaipur. The facts of
harassment and ill-treatment are stated to be false. It was also
stated that before filing the Divorce Petition, the petitioner was
harassing and threatening for blackmailing for committing suicide
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and also beating him. On this, the respondent approached the
Inspector General of Police, Udaipur on 15.09.2016 for submitting
a complaint in this regard and also approached concerned Police
Station as well as the Superintendent of Police, Udaipur. On the
direction of the S.P., Udaipur the complaint of the respondent was
registered at No.77/2016. On that complaint, after making inquiry
and recording statement of witnesses, case under sec.107/116(3)
CrPC has been submitted by Police before Sub Divisional
Magistrate, Girwa (Udaipur) and the petitioner was summoned by
issuing notice.
It was also stated that the petitioner lodged an FIR against
the respondent and his parents at the Police Station, Kankroli on
03.11.2016, which was registered at Mahila Police Station,
Rajsamand as FIR No.Zero/2016, which was transferred to Mahila
Police Station, Udaipur and has been registered as FIR
No.193/2016. In that FIR (No.193/2016), after investigation, the
Police has filed charge-sheet only against the respondent under
secs.498A 406 IPC, which is pending trial before the Additional
Chief Judicial Magistrate, Udaipur.
On the facts mentioned in the reply, it was contended that
the Transfer Application has been filed by the petitioner only to
harass the respondent.
Heard learned counsel for the parties.
In this case, the petitioner has sought transfer of only one
case, being Civil Original Case No.636/2016 (Kuldeep Joshi v. Smt
Kirti), pending before the Family Court, Udaipur whereas in reply
to the Transfer Application, it is submitted by the respondent that
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the petitioner is presently residing at Udaipur, she is also doing job
at M/s Mansi Associate, Udaipur through Industrial Training
Institute, Udaipur. A copy of the information obtained from the
ITI, Udaipur under Right to Information Act has also been
submitted as Annx.R/2 along with the reply, wherein it was stated
that Smt Kirti is an employee of M/s Mansi Associate, Udaipur. It
means that presently she is residing at Udaipur. The criminal case
lodged by the petitioner at Kankroli, Rajsamand registered under
secs.498A and 406 IPC, has also been transferred to Mahila Police
Station, Udaipur and pending trial before the Additional Chief
Judicial Magistrate, Udaipur.
In view of these facts and circumstances, no ground is made
out for transfer of the Divorce Petition from Family Court, Udaipur
to Family Court, Rajsamand. The Transfer Application filed by the
petitioner is dismissed.
(DR. VIRENDRA KUMAR MATHUR), J.
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