Anju Sharma vs Subhash Sharma on 24 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.)
—-Petitioner
Versus
Subhash Sharma S/o Jagdish Chandra Sharma, R/o Changeri
Road, Fateh Nagar, P.S. Fateh Nagar, Dist. Udaipur (Raj.)
—-Respondent
__
For Petitioner(s) : Mr Bharat Devasi
For Respondent(s) : Mr J.V.S. Deora
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
24/08/2017

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)
[CTA-8/2017]

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)
[CTA-8/2017]

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

present case.

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.

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