Smt. Tamanna vs Amarchand on 4 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.

—-Petitioners
Versus
Amarchand Son of Shri Roopchandm, By Caste Meghwal, Resident
of Aad Ka Bas, Deedwana, District- Nagaur.
—-Respondents
__
For Petitioner(s) : Mr Jai Kishan Bhaiya
For Respondent(s) : Mr Dinesh Ojha
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
04/08/2017

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)
[CTA-89/2017]

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

READ  Tapan Kumar Mukherjee-vs-State Of West Bengal And Ors. on 15 July, 1994

Misc. Case No.22/2017, which is pending before Additional District

Judge, Deedwana.

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

been filed.

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)
[CTA-89/2017]

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

READ  Vasanta Tulshiram Bhoyar-vs-State Of Maharashtra on 23 September, 1986

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

03.11.2016.

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.

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