Smt. Sapna Tiwari vs Shivdutt Sharma on 6 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 57 / 2017
Smt. Sapna Tiwari W/o Shri Shivdutt Sharma (Piyush Sharma)
D/o Shri Shyam Sunder Tiwari, Aged About 28 Years, By Caste
Brahmin, Resident of E-251-B, Kanta Khaturia Colony, Bikaner.
—-Petitioner
Versus
Shri Shivdutt Sharma (Piyush Sharma) S/o Shri Vishnudutt
Sharma, By Caste Brahmin, R/o Bassi Mohalla, Peesangan, Tehsil.
Pushkar, District Ajmer.
—-Respondent
__
For Petitioner(s) : Mr Jagdish Kumar Vishnoi
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
06/10/2017

This Transfer Application under sec.24 has been filed for

transfer of Case No.453/2016 (Shivdutt Sharma v. Smt Sapna),

pending before the Family Court, Ajmer, to the Family Court at

Bikaner.

Briefly stated, marriage between parties was solemnized on

10.12.2006. Out of the marriage, two daughters and one son were

born. The respondent started harassing her and on several

occasions subjected her to domestic violence on the ground of

dowry, for demand of Rs.15 Lacs and one luxury car. The

petitioner was ultimately turned out of the matrimonial home on

29.05.2016 and she is forced to live with her parents. The

petitioner and her parents tried to settle through Panchayat but all

efforts failed.
(2 of 3)
[CTA-57/2017]

Thereafter, an FIR (No.136 dated 02.07.2016) was lodged

before Women Police Station, Bikaner against the respondent and

his family members for offence under secs.498A, 406, 323, 120B,

354 IPC, in which after investigation the Police has filed challan

and the case is pending for trial before learned Additional Chief

Judicial Magistrate No.3, Bikaner. An application under sec.12 of

the Protection of Women from Domestic Violence Act has also

been filed before the learned Additional Civil Judge (SD)

Additional Chief Judicial Magistrate No.3, Bikaner. It was also

contended that the petitioner has no independent source of

income for maintaining herself and her children. She has filed an

application for maintenance from respondent under sec.125 CrPC,

which is pending before the Family Court No.1, Bikaner.

The respondent Shiv Dutt has filed an application under

sec.9 of the Hindu Marriage Act against the petitioner before

Family Court, Ajmer, which has been registered as Case

No.453/2016 and is pending before the Family Judge, Ajmer.

Notices were issued and even after due service, no one has

appeared for the respondent.

Heard learned counsel for the petitioner.

After the marriage, two daughters and a son born out of the

wedlock. On account of cruelty and domestic violence on the

ground of demand of dowry for Rs.15 Lacs and one luxury car, an

FIR was lodged against the respondent and after investigation,

challan was filed under secs.498A, 406, 323, 120B, 354 IPC,

which case is pending for trial before ACJM No.3, Bikaner. An

application under sec.12 of the Protection of Women from
(3 of 3)
[CTA-57/2017]

Domestic Violence Act is also pending before the ACJM No.3,

Bikaner and proceedings under sec.125 CrPC is also pending

before the Family Judge, Bikaner.

The petitioner has no independent source of income for

maintaining herself as well as her children. It is very difficult and

inconvenient for a lady to travel all alone,, under the

circumstances when she had no independent source of income and

having three children, for contesting the case pending before the

Family Judge, Ajmer.

In view of aforesaid and in light 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 the Case

No.453/2016 (Shivdutt Sharma v. Smt Sapna), filed by the

respondent under sec.9 of the Hindu Marriage Act, pending before

the Family Court, Ajmer is ordered to be transferred to the Family

Court at Bikaner.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/27

Leave a Comment

Your email address will not be published. Required fields are marked *