Manju Devi vs Rakesh Sharma on 3 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 105 / 2014
Manju Devi w/o Rakesh Sharma, b/c Brahmin, age 25 years, r/o
near Hariram Temple, Gangashar, District Bikaner.
—-Petitioner
Versus
Rakesh Sharma s/o Shankar Lal Sharma, b/c Brahmin, r/o Ward
No.24, Ajad Chowk, Laxmi Bai Nagar, Suratgarh District
Sriganganagar.
—-Respondent
__
For Petitioner(s) : Mr Shreekant Verma
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
03/08/2017

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

transfer of Civil Misc. Case No.1086/2014 (Rakesh v. Manju Devi),

filed by the respondent under sec.13 of the Hindu Marriage Act,

pending before the Family Court, Sriganganagar, to the Family

Court, Bikaner.

Briefly staed, marriage between the parties was solemnized

on 22.04.2008 at Bikaner. The relation between the parties did not

remain cordial because respondent and his family members

started harassing and committing cruelty to the petitioner on the

ground of demand of dowry. A complaint was lodged by the

petitioner against respondent and inlaws under secs.498A, 406,

323, 120B IPC, before MJM No.3, Bikaner. An application under

sec.125 CrPC was also filed by the petitioner against respondent in

the Family Court, Bikaner.
(2 of 3)
[CTA-105/2014]

The respondent filed an application under sec.13 of the

Hindu Marriage Act before the Family Court, Sriganganagar on

false grounds. It is contended that the petitioner is a lady, living

with her old-age parents, her father is suffering from serious

ailments and is not in a possession to travel along with her for

contesting the case pending at Sriganganagar. The distance

between Bikaner and Sriganganagar is near about 250 kms. The

daughter of the petitioner is studying in school. In the

circumstances, it is very difficult for her to attend the case filed by

the respondent at Sriganganagar.

Notices issued to the sole respondent received served on

02.05.2017 but nobody was present for the respondent and the

case was ordered to be listed after two weeks. Again on

25.07.2017, none was present for the respondent. Today also,

neither the respondent nor his counsel is present.

Heard learned counsel for the petitioner.

After the marriage, relation between the parties were not

cordial on account of harassment and cruelty committed to the

petitioner by respondent and his family. Thus, a complaint was

filed by petitioner against the respondent and in-laws for offence

under secs.498A, 406, 323, 120B IPC before the MJM No.3,

Bikaner, which is pending. An application under sec.125 CrPC filed

by the petitioner is also pending before the learned Family Judge,

Bikaner. Presently the petitioner is living with her parents and her

small daughter is studying in school. She does not have

independent source of income and it is also contended on behalf of

the petitioner that her father is aged and suffering from old-age
(3 of 3)
[CTA-105/2014]

diseases, he is not in a position to accompany her to contest the

divorce petition filed by the respondent at Sriganganagar. The

distance between Bikaner and Sriganganagar is near about 250

kms., so it is difficult for her to travel all alone to Sriganganagar.

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), considering the hardship of

the applicant lady, it is a fit case to be transferred.

Accordingly, this Transfer Application is allowed and the Civil

Misc. Case No.1086/2014 (Rakesh v. Manju Devi), filed by the

respondent for under sec.13 of the Hindu Marriage Act, pending

before the Family Court, Sriganganagar is ordered to be

transferred to the Family Court, Bikaner.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/29

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