Smt. Reena vs Ravi Kumar @ Ravindra Kumar on 25 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 47 / 2016
Smt. Reena w/o Ravi Kumar Harizan D/o Shri Manohar Harizan,
aged 27 years, r/o Shani Maharaj Choraha, Harizan Basti, Chhipo
Ka Akola, Tehsil Kapasan, Distt Chittorgarh, presently resident of
Lal Magri, Harizan Basti, Police Station Hiran Magri, Udaipur,
District Udaipur
—-Petitioner
Versus
Ravi Kumar @ Ravindra Kumar s/o Shri Ramesh Harizan, by caste
Harizan, r/o Shani Maharaj Choraha, Harizan Basti, Chhipo Ka
Akola, Tehsil Kapasan, Distt Chittorgarh
—-Respondent
__
For Petitioner(s) : Mr J.V.S. Deora
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
25/08/2017

This Transfer Application under sec.24 CPC has been filed for

transfer of Civil Original Case No.184/2015 (132/2015) {Ravi

Kumar @ Ravindra Kumar v. Smt Reena), filed by the respondent

under sec.13 of the Hindu Marriage Act, pending before the

District Judge, Chittorgarh to the Family Court, Udaipur.

Briefly stated, marriage of the parties was solemnized on

17.02.2012. The respondents were not satisfied with the dowry

and started harassing the petitioner regarding less dowry and

started treating her with cruelty and turned her out from the

matrimonial home on 01.04.2012. Then petitioner called her

brother who took her to parents house and since then petitioner is

living with with parents.
(2 of 4)
[CTA-47/2016]

The petitioner lodged a criminal case bearing FIR

No.72/2012 at Women Police Station, Udaipur, in which charge-

sheet has been filed against her husband and others for offence

under secs.498A, 406 IPC on 14.09.2012 before the Additional

Chief Judicial Magistrate No.2, Udaipur. The respondent is

appearing before the court of ACJM No.2, Udaipur on every date of

hearing. An application under sec.125 CrPC was also filed by the

petitioner on 04.08.2012 before the Family Court, Udaipur. The

respondent was ordered to pay interim maintenance of Rs.2000/-

per month vide order dated 22.09.2014. One further application

was filed by the petitioner against respondent under Protection of

Women from Domestic Violence Act, which is pending before the

Judicial Magistrate, (City)(North) No.2, Udaipur.

The respondent husband has filed an application under

sec.13 of the Hindu Marriage Act on 29.09.2015 before the District

Judge, Chittorgarh. That matter was posted on 12.12.2015 for

compromise vide order dated 30.11.2015 but the respondent-

husband did not appear before the court of District Judge,

Chittorgarh on that day.

The petitioner being a lady and having no independent

source of income, is unable to contest the case while going all

alone from Udaipur to Chittorgarh, which is near about 100-150

kms away. The respondent has threatened the petitioner not to

appear before the court else she will face dire consequences.

Under these circumstances, transfer was sought of the case

pending before the District Judge, Chittogarh to Family Court,

Udaipur.
(3 of 4)
[CTA-47/2016]

Notices were issued, which were served on respondent. No

one has appeared for the respondent.

Heard learned counsel for the petitioner.

After the marriage, the petitioner was harassed, ill-treated

with cruelty on the ground of demand of dowry. On this FIR

No.72/2012 at Women Police Station, Udaipur was lodged and

charge-sheet has been filed against the respondent-husband

under secs.498A, 406 IPC and the case is pending trial before the

Additional Chief Judicial Magistrate No.2, Udaipur. An application

under sec.125 CrPC was also filed on 04.08.2012 and interim

maintenance order has been passed, the main application is still

pending. An application under Protection of Women from Domestic

Violence Act filed by petitioner is also pending against the

respondent before Judicial Magistrate (City North) No.2, Udaipur.

The petitioner being a lady, having no independent source of

income, she has to travel all alone from Udaipur to Chittorgarh to

contest petition filed by the respondent under sec.13 of the Hindu

Marriage Act before the District Judge, Chittorgarh.

Under these circumstances, convenience of the applicant-

lady is to be considered in view of ratio of the judgment of

Hon’ble Supreme Court in Vaishali Shridhar Jagtap v. Shridhar

Vishwanath Jagtap reported in 2016 (4) WLN 237 (SC) and it

is a fit case to be transferred.

Accordingly, this Transfer Application is allowed and the Civil

Original Case No.184/2015 (132/2015) {Ravi Kumar @ Ravindra

Kumar v. Smt Reena), filed by the respondent for divorce under

sec.13 of the Hindu Marriage Act, pending before the District
(4 of 4)
[CTA-47/2016]

Judge, Chittorgarh is ordered to be transferred to the Family

Court, Udaipur.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/22

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