HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 110 / 2016
Smt. Saroj Joshi D/o Shri Nageshwar Joshi w/o Shri Narendra, by
caste Brahmin, aged 23 years, r/o 46 Ramdeo Road, behind Prince
Bekari, Pali (Raj.)
Narendra Bhargav s/o Shri Kanwari Lal, by caste Brahmin, aged
27 years, r/o near Old Power House, Tehsil District Nagaur
For Petitioner(s) : Ms Deepika Vyas
For Respondent(s) : None present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Case No.49/2016 (Narendra v. Smt Saroj Devi),
filed by the respondent under sec.9 of the Hindu Marriage Act,
pending in the court of Additional District Judge, Nagaur, to the
Family Court, Pali.
Briefly stated, marriage between the parties was solemnized
on 15.02.2013. After few months, husband of the petitioner and
his family members started harassing the petitioner on several
occasions and subjected her to domestic violence, for demand of
dowry. The petitioner was turned out of the matrimonial home and
therefore, the petitioner was forced to live with her parents at Pali.
The petitioner field a complaint against the respondent for
offence under secs.498A, 406 323 IPC at Police Station, Pali and
(2 of 3)
that complaint is still pending before competent court at Pali. An
application under sec.125 CrPC was also filed by the petitioner
against respondent, which is pending before Family Court, Pali.
The respondent has filed application under sec.9 of the Hindu
Marriage Act, seeking restitution of conjugal rights with petitioner,
before District Court, Nagaur. The petitioner is presently residing
at Pali and it is very difficult for her to appear in the District court
at Nagaur to defend in the case filed by the respondent on each
every date of hearing. The petitioner has no sufficient means and
her financial difficulty also prevents her from proper prosecution in
the proceedings pending at Nagaur. On these averments, it is
prayed that case No.49/2016 pending before Additional District
Judge, Nagaur may be transferred to the Family Court, Pali.
Notices were issued to the respondent, which were duly
served on the respondent. Even after service, no one appeared for
the respondent. Heard learned counsel for the petitioner.
On account of harassment and cruelty for demand of dowry,
the petitioner was forced to leave her matrimonial home and
presently she is living with her parents at Pali. A complaint for
offence under secs.498A, 406 323 IPC was also lodged by her
against the respondent and the criminal case is pending before
competent court at Pali. Her application filed under sec.125 CrPC
is also pending against the respondent before the Family Court,
Pali. The petitioner is a young, uneducated lady and has no
sufficient independent source of income and it is very difficult
for her to travel all alone to contest the case filed by the
respondent under sec.9 of the Hindu Marriage Act at Nagaur.
(3 of 3)
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 No.49/2016 (Narendra v. Smt Saroj Devi), filed by the
respondent for restitution of conjugal rights under sec.9 of the
Hindu Marriage Act, pending before Additional District Judge,
Nagaur is ordered to be transferred to the Family Court, Pali.
(DR. VIRENDRA KUMAR MATHUR), J.