Smt. Sunita vs Lokesh Goswami on 28 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 86 / 2015
Smt. Sunita w/o Shri Lokesh Giri, age 23 years, D/o Shri Prem
Puri, by caste Goswami (Giri), at present residing at Puri House,
Rajpurohiton Ka Mohalla, Indira Colony, Ward No.4, Bikaner.
—-Petitioner
Versus
Lokesh Goswami (Giri) s/o Shri Ram Gopal, by caste Goswami, r/o
House No.64, Ward No.30 RCP, Tal Colony, Suratgarh, District Sri
Ganganagar.
—-Respondent
__
For Petitioner(s) : Mr M.S. Purohit, Ms Manisha Purohit
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
28/08/2017

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

transfer of Case No.33/2015 (Lokesh Goswami v. Smt Sunita

Puri), filed by respondent under sec.9 of the Hindu Marriage Act,

pending before the Additional District Judge, Suratgarh to the

Family Court, Bikaner.

Briefly stated, marriage between the parties was solemnized

on 13.07.2013 at Bikaner. After marriage, the non-applicant

started harassing her and on several occasions the applicant was

subjected to domestic violence on account of demand of dowry.

The applicant was treated with cruelty and turned her out from

the matrimonial home on 28.11.2014.

Presently, she is living with her parents and have no

independent source of income. She has filed an application under
(2 of 3)
[CTA-86/2015]

sec.125 CrPC before the Family Judge, Bikaner on 22.05.2015. An

FIR was also lodged by her on 09.06.2015 against the respondent

and his family members for offence under secs.498A, 406, 323

IPC, which is pending for investigation in Bikaner.

The non-applicant has also filed an application under sec.9 of

the Hindu Marriage Act against the applicant before the Additional

District Judge, Suratgarh and on each every date of hearing she

has to go all alone to defend the case.

Notices were issued and served on the respondent. No reply

has been filed on behalf of respondent, in spite of last opportunity

granted by this Court on 18.08.2017. Nobody was present today

for the respondent.

Heard learned counsel for the petitioner.

The petitioner was treated with cruelty after the marriage

and she was forced to leave her matrimonial home on 28.11.2014.

She has no independent source of income and therefore, she filed

an application under sec.125 CrPC before learned Family Judge,

Bikaner on 22.05.2015. A complaint was also lodged by her on

09.06.2015 against the respondent and his family members for

offence under secs.498A, 406, 323 IPC before Women Police

Station, Bikaner, in which investigation is going on. The

respondent is appearing in both the cases at Bikaner. He has filed

an application under sec.9 of the Hindu Marriage Act for restitution

of conjugal rights, to counter the action taken by the applicant by

way of filing FIR and maintenance application.

The petitioner lady has to travel all alone from Bikaner to

Suratgarh, specially under the circumstances when she has no
(3 of 3)
[CTA-86/2015]

independent source of income and has nobody to accompany her.

In the facts and circumstances of the case, the inconvenience of

the lady has 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 Case

No.33/2015 (Lokesh Goswami v. Smt Sunita Puri), filed by the

respondent for restitution of conjugal rights under sec.9 of the

Hindu Marriage Act, pending before the Additional District Judge,

Suratgarh, District Sri Ganganagar is ordered to be transferred to

the Family Court, Bikaner.

(DR. VIRENDRA KUMAR MATHUR), J.

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