Smt. Amrin Salam vs Anvar Khan on 27 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 16 / 2017
Smt. Amrin Salam W/o Shri Anvar Khan, D/o Shri Mohammed
Noor Pathan, Aged About 20 Years, R/o- Near Char Minar Maszid,
Railway Station, Chittorgarh, Tehsil Distt. Chittorgarh, Presently
At 914, Government Press Colony, Kishan Pole, Surajpole, Udaipur.
—-Petitioner
Versus
Anvar Khan S/o Late Shri Ibrahim Khan Ji Pathan, R/o- Near Char
Minar Maszid, Railway Station, Chittorgarh, Tehsil Distt.
Chittorgarh
—-Respondent
__
For Petitioner(s) : Mr Ram Singh on behalf of Mr Deepak
Menaria
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
27/07/2017

This Transfer Application under sec.24 CPC has been filed for

transferring Civil Original Case No.106/2016 (Anvar Khan v. Smt

Amrin Salam), pending before the learned Judicial Magistrate,

Chittorgarh to the Family Court, Udaipur.

Briefly stated, marriage of the parties was solemnized on

04.01.2016. Soon after the marriage, the petitioner was harassed

by the respondent and his other family members for demand of

dowry. She was also ousted out of her matrimonial home while

she was carrying a child, expected to be delivered on 27.02.2017.

After loosing hope of any change in behaviour of the

respondent and his family members, the petitioner filed a

complaint, which was registered as FIR No.168/2016 in Mahila
(2 of 3)
[CTA-16/2017]

Police Station, Udaipur on 03.10.2016. After investigation in

aforesaid FIR, a charge-sheet was submitted agianst the

respondent for offence under secs.498A 406 IPC and the matter

is pending trial at the concerned court at Udaipur.

The respondent, after getting knowledge of the FIR, filed an

application for restitution of conjugal rights before the Judicial

Magistrate, Chittorgarh on 17.10.2016. The petitioner, being a

lady, is facing difficulty in attending the court at Chittorgarh.

On the grounds and facts stated for transfer of the case,

notice was issued and on 18.07.2017, counsel for the respondent

appeared and prayed for time but today, no one has appeared for

the respondent nor any reply has been filed.

Heard learned counsel for the petitioner.

The petitioner filed an FIR against the respondent, in which

after investigation a charge-sheet has been filed for offence under

secs.498A 406 IPC and the matter is pending trial before the

concerned court at Udaipur. Presently, the petitioner is living with

her parents at Udaipur. She has infant child and has no

independent source of income.

In the facts and circumstances of the present case,

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.106/2016 (Anvar Khan v. Smt Amrin Salam),
(3 of 3)
[CTA-16/2017]

filed by the respondent for restitution of conjugal rights under

sec.9 of the Hindu Marriage Act, pending before the learned

Judicial Magistrate, Chittorgarh is ordered to be transferred to the

Family Court, Udaipur.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/46

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