HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
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
For Petitioner(s) : Mr M.S. Purohit, Ms Manisha Purohit
For Respondent(s) : None present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
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)
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)
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.