Smt. Aruna vs Nand Kishore on 2 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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
District Chittorgarh.
—-Petitioner
Versus
Nand Kishore Ozha Son of Shri Shyam Sunder Ozha, By Caste
Brahmin, Resident of Merta City, Tehsil Merta, District Nagaur.
—-Respondent
__
For Petitioner(s) : Mr S.S. Rathore
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
02/08/2017

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

Judge, Chittorgarh.

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)
[CTA-85/2017]

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,

READ  Shesha Ram vs State on 17 July, 2017

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)
[CTA-85/2017]

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

READ  Sudeshna Bhattacharjee-vs-State Of West Bengal And Anr. on 28 April, 2003

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.

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