HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
1. Babu Lal s/o Heera Lal b/c Lakhara, r/o Lakharon Ka Mohalla,
Balotra, Tehsil Pachpadra, District Barmer (Raj.)
2. Nemi Chand s/o Deva Ram by caste Lakhara r/o Subhash
Nagar B, House No.36, District Pali
For Petitioner(s) : Mr N.A. Rajpurohit
For Respondent(s) : Mr J.S. Khichi
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
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)
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)
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
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.