Smt. Abhliasha vs Omprakash on 2 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Civil Transfer Appl. No. 116 / 2016
Smt. Abhliasha w/o Shri Om Prakash D/o Shri Ambika Prasad, by
caste Mathur, age about 34 years, r/o 19, Shobha Niwas, Bagar Ka
Nohar, Lalbot Choraha, behind Community Hall, Bedla, Udaipur
(Raj.)
—-Petitioner
Versus
Omprakash s/o Shri Sampat Lal, by caste Mathur, r/o House
No.1/150, Housing Board Colony, Tausar Road, Nagaur (Raj.)
—-Respondent
__
For Petitioner(s) : Mr N.P. Ojha on behalf of Mr N.S. Rajpurohit
For Respondent(s) : Mr Sanjay Mathur
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
02/08/2017

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

transfer of Civil Case (H.M.) No.13/2015 (279/14) – Om Prakash

v. Smt Abhilasha, filed by the respondent under sec.9 of the Hindu

Marriage Act, pending before Additional District Judge No.1,

Nagaur to the court of District Judge, Udaipur.

Briefly stated, marriage of the parties was solemnized on

19.11.2013 at Udaipur. It was submitted that behaviour of the

respondent and his family members initially was very good

towards the petitioner but after some time, they started ignoring

and harassing the petitioner and they started torturing her fro

demand of dowry. Ultimately, the respondent his family members

ousted the petitioner from the matrimonial home in unhealthy
(2 of 4)
[CTA-116/2016]

condition on 18.12.2013. Thereafter, petitioner’s father came to

Nagaur and brought her to Udaipur.

It was also stated that the petitioner has lodged an FIR at

Women Police Station, Udaipur being FIR No.57/2015, in which a

charge-sheet has been filed against the respondent with other

accused persons and the case is pending for adjudication before

the Additional Chief Judicial Magistrate No.2, Udaipur. Besides this,

an application under sec.125 CrPC, registered as Case

No.115/2016, has also been filed against the respondent, which is

pending before the Special Additional Chief Judicial Magistrate

(PCPNDT Act cases), Udaipur.

The petitioner has filed a divorce petition under sec.13(A) of

the Hindu Marriage Act against the respondent, registered as Case

No.452/2015, which is pending before the Additional District

Judge, Udaipur. One more complaint has been filed by the

petitioner against respondent for offence under sec.406 IPC and

the same is also pending for adjudication before the ACJM

(PCPNDT Act Cases), Udaipur.

The respondent has filed an application under sec.9 of the

Hindu Marriage Act, for restitution of conjugal rights against the

petitioner, before the Family Court, Merta, District Nagaur which

has now been transferred to the court of Additional District Judge

No.1, Nagaur.

It was contended that the petitioner is living at Udaipur with

her parents and it is very difficult for her to come to Nagaur on

each every date of hearing to attend the matrimonial case filed

by the respondent.
(3 of 4)
[CTA-116/2016]

After service of notice, the respondent sought time to file

reply on 04.05.2017. This Court by interim order dated

04.05.2017 granted time prayed for by the respondent and in the

meanwhile, stayed further proceedings in Civil Misc. Case

No.13/2015 filed by the respondent. Thereafter, on 19.05.2017,

30.05.2017, 05.07.2017, 12.07.2017 and 18.07.2017 time was

sought for filing reply. Even today, no reply has been filed.

Heard learned counsel for the parties.

The petitioner is a lady and it is very difficult for her to travel

all alone from Udaipur to Nagaur for contesting the application

under sec.9 of the Hindu Marriage Act filed by the respondent. The

respondent, on the other hand, is required to come to Udaipur in

the criminal case in relation to FIR No.57/2015, the complaint

case filed under sec.406 IPC and also to contest the application

under sec.125 CrPC filed by the petitioner for maintenance,

besides divorce application of the petitioner pending adjudication

before Additional District Judge, Udaipur.

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

Case (H.M.) No.13/2015 (279/14) – Om Prakash v. Smt

Abhilasha, filed by the respondent for under sec.9 of the Hindu

Marriage Act, pending before the Additional District Judge No.1,
(4 of 4)
[CTA-116/2016]

Nagaur is ordered to be transferred to the court of District Judge,

Udaipur.

(DR. VIRENDRA KUMAR MATHUR), J.

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