Smt. Gopi vs Vijayshankar Chandak on 2 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 6 / 2016
Smt. Gopi w/o Vijayshankar Chandak, aged 26 years, by caste
Maheshwari, r/o near Basic School, Jasolai Talai, Bikaner.
—-Petitioner
Versus
Vijayshankar Chandak s/o Narayan Das Chandak, aged 30 years,
r/o c/o Harikishan Chandak, near Gopinath Bhawan, Bikaner, at
present r/o Flat No.109, Vidhyadhar Nagar Enclave, Central Spine,
Vidhyadhar Nagar, Jaipur.
—-Respondent
__
For Petitioner(s) : Mr Nitin Trivedi
For Respondent(s) : Mr Jai Kishan Bhaiya
__
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 Misc. Case No.1389/2015 (Vijayshankar v. Smt

Gopi), filed by the respondent under sec.9 of the Hindu Marriage

Act, pending before the Family Court, Jaipur City to the Family

Court, Bikaner.

Briefly stated, marriage between the parties was solemnized

on 03.07.2010 at Bikaner. Out of the wedlock a boy was born on

27.03.2013. The respondent has illicit relations with one Ankita

Rathi and many a times the petitioner was abused and ill-treated

by respondent-husband and the in-laws. The petitioner was ousted

from in-laws house on 14.03.2015 on account of demand of

dowry. The application filed an application at Police Station,

Bikaner on 20.09.2013.
(2 of 3)
[CTA-6/2016]

It was also stated that on one hand the petitioner has been

regularly ill-treated and not permitted to reside in the in-laws’

house and on the other hand, an application under sec.9 of the

Hindu Marriage Act has been filed by the respondent. It was also

contended that proceedings under secs.498A, 406, 323, 494 IPC

READ  Amarjit Singh & Ors vs State Of Punjab on 29 April, 2010

are pending against the respondent before Judicial Magistrate

No.3, Bikaner and an application under sec.125 CrPC is also

pending before the Family Court, Bikaner. It was also contended

that it is very difficult for the petitioner attend proceedings

pending at Jaipur City in the case filed by the respondent under

sec.9 of the Act on each and every date. On the other hand, the

respondent will have no difficulty in attending proceedings in all

cases at Bikaner.

Notices were issued and after due service, counsel for the

respondent appeared and sought time to file reply, on 17.04.2017,

03.05.2017 and last opportunity to file reply was given on

18.05.2017 but in spite of no reply was filed on 30.05.2017,

06.07.2017 and 21.07.2017. Even today no reply has been filed.

Heard learned counsel for the parties.

In view of the fact that the applicant is young lady, she is

having 4 years old child, a criminal case under secs.498A, 406,

323, 494 IPC against the respondent is pending before Judicial

Magistrate, Bikaner and a case under sec.125 CrPC is also pending

against the respondent before Family Court, Bikaner and it is very

difficult for the young lady with small child to attend the case filed

by the respondent under sec.9 of the Hindu Marriage Act at Family

Court, Jaipur City; specially under the circumstances when she
(3 of 3)
[CTA-6/2016]

has no independent source of income nor is there anybody to

accompany her from Bikaner to Jaipur, the distance between two

cities is about 400 kms; in the above facts circumstances of the

READ  Kantilal vs State on 21 July, 2017

present case, the prayer for transfer of the case filed by the

respondent at Jaipur City deserves to be transferred.

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.1389/2015 (Vijayshankar v. Smt Gopi), filed by the

respondent for under sec.9 of the Hindu Marriage Act, pending

before the Family Court, Jaipur City is ordered to be transferred to

the Family Court, Bikaner.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/23

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