Smt. Renu vs Babu Lal & Anr on 19 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 103 / 2016
Smt. Renu s/o Babu Lal D/o Nemi Chand, aged about 29 years,
b/c Lakhara, r/o House No.36, Subhash Nagar B, District Pali
(Raj.)
—-Petitioner
Versus
1. Babu Lal s/o Heera Lal b/c Lakhara, r/o Lakharon Ka Mohalla,
Balotra, Tehsil Pachpadra, District Barmer (Raj.)
Proforma respondent
2. Nemi Chand s/o Deva Ram by caste Lakhara r/o Subhash
Nagar B, House No.36, District Pali
—-Respondents
__
For Petitioner(s) : Mr N.A. Rajpurohit
For Respondent(s) : Mr J.S. Khichi
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
19/09/2017

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

transfer of Civil Misc. Case No.24/2016 (Babu Lal v. Renu ors.)

under sec.25 12 of the Guardians Wards Act, pending before

District Judge, Balotra to the Family Court, Pali.

Briefly stated, the parties married as per customs at District

Pali. After the marriage, the respondent No.1 and his family

members harassed the petitioner for less dowry and dragged her

out of the matrimonial home. Presently the petitioner is living at

Subhash Nagar in Pali. The respondent No.1 has filed an

application under secs.25 12 of the Guardians Wards Act

before the District Judge, Balotra on incorrect facts. The petitioner
(2 of 3)
[CTA-103/2016]

has also filed an application under sec.125 CrPC before the Family

Court, Pali which is pending adjudication before the learned Family

Judge. The respondent Babu Lal has also filed an appeal against

judgment dated 06.08.2015 in Criminal Appeal No.90/2015 (State

v. Babu Lal) against his conviction under secs.498A, 406 and 323

IPC, which is pending before the Sessions Judge, Pali.

It is also contended that the petitioner lady is having no

independent source of income and therefore, it is very difficult for

her to go to Balotra to contest aforesaid Civil Misc. Case under

sec.25 12 of the Guardians Wards Act pending before the

District Judge, Balotra. The distance between Balotra and Pali is

near about 200 kms. It is also alleged that the respondent has

threatened the petitioner that if she will appear before the court at

Balotra then he will kill her. Under these circumstances, it is

impossible for the petitioner to appear before the court at Baltora.

Notices were issued to the respondents. After due service,

the respondent No.1 appeared through counsel.

Heard learned counsel for the parties.

No reply has been filed on behalf of the respondent but the

application was opposed. The petitioner is presently living with her

parents at Pali and she does not have any independent source of

income and therefore, an application under sec.125 CrPC has been

filed by her before the Family Court, Pali. One Criminal Appeal is

also pending before the Sessions Judge, Pali which was filed by

the respondent Babu Lal against his conviction under secs.498A,

406, 323 IPC. In the facts and circumstances of the present case,

it is very much inconvenient for a lady with two minor children to
(3 of 3)
[CTA-103/2016]

attend the proceedings before the District Judge, Balotra, filed by

the respondent under secs.25 12 of the Guardians Wards Act,

specially under the circumstances that there is nobody to look

after her two minor children in her absence. The distance between

Pali and Balotra is near about 200 kms.

In these circumstances, the inconvenience of the petitioner is

to be looked into in view of judgment of Hon’ble Supreme Court in

Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap

reported in 2016 (4) WLN 237 (SC), it is a fit case to be

transferred.

Accordingly, this Transfer Application is allowed and theCivil

Misc. Case No.24/2016 (Babu Lal v. Renu ors.), filed by the

respondent under secs.25 12 of the Guardians Wards Act,

pending before the District Judge, Balotra is ordered to be

transferred to the Family Court, Pali.

(DR. VIRENDRA KUMAR MATHUR), J.

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