HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 89 / 2017
Smt. Tamanna Wife of Shri Amarchand Daughter of Shri
Asharamm, Aged About 20 Years, By Caste Meghwal, Resident of
Aad Ka Bas, Deedwada, District – Nagaur. At Present Residing At
Gandhi Bast, Ward No. 01, Sujangarh, District- Churu.
Amarchand Son of Shri Roopchandm, By Caste Meghwal, Resident
of Aad Ka Bas, Deedwana, District- Nagaur.
For Petitioner(s) : Mr Jai Kishan Bhaiya
For Respondent(s) : Mr Dinesh Ojha
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Misc. Case No.22/2017 (Amarchand v. Smt
Tamana), filed by the respondent under sec.13 of the Hindu
Marriage Act, pending before the Additional District Judge,
Deedwana, to the court of Additional District Judge, Sujangarh.
Briefly stated, marriage of the parties was solemnized on
06.06.2012 at Sujangarh. After the marriage, the respondent and
his family members started harassing the petitioner and relation
between the husband wife become strained on account of
harassment. The petitioner filed a complaint under Domestic
Violence Act, which is pending before Additional District Judge,
Sujangarh. She also filed a complaint under sec.498A IPC,
(2 of 3)
wherein after investigation Police filed Final Report. Aggrieved by
the Final Report, the petitioner filed a Protest Petition, which is
pending before the Additional District Judge, Sujangarh. In order
to harass humiliate the petitioner, the respondent has filed an
application under sec.13 of the Hindu Marriage Act, being Civil
Misc. Case No.22/2017, which is pending before Additional District
Notices issued to the respondent were received father of the
respondent and the service was considered complete. After service
of notice, Mr Dinesh Ojha, Advocate appeared on behalf of the
respondent and sought time to file reply. However, no reply has
Heard learned counsel for the parties.
The petitioner on account of harassment filed a complaint
under Domestic Violence Act, which is pending before the ADJ,
Sujangarh. The Protest Petition filed by the petitioner against Final
Report filed by police, in petitioner’s complaint under sec.498A IPC
against the respondent, is also pending before the ADJ,
Sujangarh. The petitioner is presently residing at Sujangarh with
her father. Except her father, there is no male member residing
with petitioner’s family at Sujangarh and it was also contended
that the petitioner lady has no independent source of income.
Looking to these facts and circumstances, it is prayed that the
case filed by the respondent under sec.13 of the Hindu Marriage
Act, pending before the Additional District Judge, Deedwana may
be transferred to the court of ADJ, Sujangarh. In support of his
contentions, learned counsel for the petitioner cited judgments of
(3 of 3)
this Court in S.B. Transfer Application No.16/2016 (Smt Suman
Lakhara v. Satya Narayan Lakhara) decided on 01.09.2016 and in
S.B. Transfer Application No.90/2016 (Smt Kamla v. Naveen
Pareek) decided on 29.08.2016.
The learned counsel for the respondent, opposing the
contentions of the petitioner, submitted that the distance between
Sujangarh and Deedwana is no ground for transferring of the
matter from one court to another. The distance between the two
places is not more than 100 kms. In support of his contentions, he
cited the order passed by this Court in S.B. Transfer Application
No.87/2015 (Smt Parwati Sharma v. Pawan Kumar) decided on
Perused the judgments cited by learned counsel for both
parties. In the facts and circumstances of the present case, 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.22/2017 (Amarchand v. Smt Tamana), filed by the
respondent for under sec.13 of the Hindu Marriage Act, pending
before the Additional District Judge, Deedwana is ordered to be
transferred to the court of Additional District Judge, Sujangarh.
(DR. VIRENDRA KUMAR MATHUR), J.