HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 85 / 2017
Smt. Aruna Wife of Nand Kishore Ozha, D/o Shri Satya Narain Ji,
Aged About 39 Years, By Caste Brahmin, Resident of Opp
Hanuman Mandir, Nagar Palika Colony, Chittorgarh, Tehsil
Nand Kishore Ozha Son of Shri Shyam Sunder Ozha, By Caste
Brahmin, Resident of Merta City, Tehsil Merta, District Nagaur.
For Petitioner(s) : Mr S.S. Rathore
For Respondent(s) : None present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed
with prayer to transfer Civil Case No.13/2017 (Nand Kishore Ozha
v. Smt Aruna), filed under sec.13 of the Hindu Marriage Act,
pending before the Family Court, Merta to the court of District
Briefly stated, the petitioner lady is residing at Chittorgarh
and entered in ‘nata’ marriage with the respondent on
14.06.2003. A criminal case was filed by the petitioner on
allegation of demand of dowry under secs.498A, 406 IPC wherein
a charge-sheet was filed against the respondent on 15.10.2011
before Chief Judicial Magistrate, Chittorgarh. The respondent
husband was convicted in that case vide judgment dated
16.05.2016. An application under sec.125 CrPC was also allowed
(2 of 3)
by the competent court on 17.10.2016 in the District court,
Chittorgarh. It was alleged that the respondent has filed
application under sec.13 of the Hindu Marriage Act before the
Family Court, Merta with a view to settle the scores with the
petitioner. It was contended that the petitioner being a lady,
having no independent source of income, is unable to appear
before the Family Court, Merta to contest the divorce case filed by
the respondent under sec.13 of the Act. There is distance of about
400 kms between Chittorgarh and Merta and there is
apprehension that the petitioner has to face dire consequences if
she appears before the Family Court at Merta.
Notices were issued to the respondent and an interim stay
was granted. After service, counsel for the respondent took time
to file reply but no reply has been filed nor any one has appeared
for the respondent.
Heard learned counsel for the petitioner.
After the marriage, relation between the parties did not
remain cordial and a complaint under secs.498A, 406 IPC was
lodged, in which a charge-sheet was filed and ultimately vide
judgment dated 16.05.2016 the respondent was convicted. An
application filed by the petitioner under sec.125 CrPC was also
allowed by the Family Court, Chittorgarh. The respondent has filed
divorce petition under sec.13 of the Hindu Marriage Act before the
Family Court, Merta. The distance between two places is near
about 400 kms. The petitioner being a lady, having no
independent source of income, is also to face more inconvenience
in comparison to respondent. The learned counsel for the
(3 of 3)
petitioner in support of his arguments relied on decisions reported
in 2017 (3) WLN 18 (Raj): Smt Vinita v. Himashu and 2017 (3)
WLN 49 (Raj): Smt Renu Kanwar alias Teena v. Ganga Singh
Shekhawat @ Pramod.
In view of the aforesaid decisions as also in view of
observations made 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
Case No.13/2017 (Nand Kishore Ozha v. Smt Aruna), filed by the
respondent for under sec.13 of the Hindu Marriage Act, pending
before the Family Court, Merta is ordered to be transferred to the
court of District Judge, Chittorgarh.
(DR. VIRENDRA KUMAR MATHUR), J.