HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 8 / 2017
Anju Sharma W/o Subhash Sharma D/o Shanti Lal Sharma, Aged
About 30 Years, R/o H. No. 29, Mahaveer Colony Chittorgarh,
Tehsil District Chittorgarh (raj.)
Subhash Sharma S/o Jagdish Chandra Sharma, R/o Changeri
Road, Fateh Nagar, P.S. Fateh Nagar, Dist. Udaipur (Raj.)
For Petitioner(s) : Mr Bharat Devasi
For Respondent(s) : Mr J.V.S. Deora
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Case No.63/2016 (Subhash v. Anju) filed by
respondent under sec.13A of the Hindu Marriage Act, pending
before the Family Court, Udaipur to the Family Court, Chittorgarh.
Briefly stated, marriage between the parties was solemnized
on 27.02.2009 and two issues born out of the wedlock, one is
about 7 years old and other is about 3 years old. The petitioner
was harassed by the respondent and his family members in
connection with demand of dowry. A complaint has been filed by
the petitioner against the respondent under sec.498A, 406 IPC
and after investigation, Police filed challan against the respondent
and the case is pending before the Chief Judicial Magistrate,
Chittorgarh for trial. The petitioner also filed an application under
(2 of 3)
sec.125 CrPC for maintenance before the Family Court,
Chittogarh. The respondent is also appearing in both the cases
pending at Chittorgarh. In counter, the respondent has also filed
an application (No.63/2016) under sec.13A of the Hindu Marriage
Act before the Family Court at Udaipur for decree of divorce.
It was also contended that the respondent threatened the
petitioner on many occasions to withdraw the criminal case filed
against him as well as application for maintenance and as such,
there is danger to life of the petitioner if she goes to attend the
court for contesting case pending before the Family Judge,
Udaipur. The petitioner is an unemployed lady and she has no
independent source of income to travel and bear the expenses of
contesting the case at Udaipur, which is 100 kms away from
Chittogarh. Under these circumstances, transfer of the case was
sought from Udaipur to Chittorgarh.
Notices were issued to the respondent. After service power
was filed on behalf of the respondent. No reply has been filed filed
on behalf of the respondent to this Transfer Application.
Heard learned counsel for the parties.
Out of the wedlock, two children born, one is 7 years and the
other is 3 years old. The petitioner alleged that the respondent
and his family members harassed her over demand of dowry and
a criminal case was filed under secs.498A, 406 IPC, in which after
investigation challan was filed by Police and trial in that case is
pending before the Chief Judicial Magistrate, Chittorgarh. The
application for claiming maintenance under sec.125 CrPC was also
filed before the Family Judge, Chittorgarh by the petitioner, which
(3 of 3)
is also pending. In both these cases, the respondent is appearing
at Chittorgarh. The petitioner has contended that she has no
independent source of income and it is not possible for her to bear
the expenses of litigation and to contest the case at Udaipur,
which is 100 kms away from Chittorgarh.
The counsel for the respondent has placed reliance on
judgment of this Court in Tilotamma (Smt) v. Anoop Kumar:
2009(3) DNJ 1472. Perused the judgment. The decision in that
case is not at all relevant in the facts and circumstances of the
In the facts and circumstances, the convenience of the
petitioner-lady is to be looked into, 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 Case
No.63/2016 (Subhash v. Anju), filed by the respondent for divorce
under sec.13A of the Hindu Marriage Act, pending before the
Family Court, Udaipur is ordered to be transferred to the court of
Family Court, Chittorgarh.
(DR. VIRENDRA KUMAR MATHUR), J.