Smt. Monika vs Vikas Kumar on 11 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 109 / 2017
Smt. Monika Wife of Shri Vikas Kumar Daughter of Shri Sriram,
Aged About 24 Years, By Caste Prajapat, Resident of Bhojlai Bas,
Sand Chowk, Sujangarh, Disrict Churu At Present Residing At
Gudha Gorji, Tehsil District Jhunjhunu.
—-Petitioner
Versus
Vikas Kumar Son of Shri Dilip Kumar, By Caste Prajapat, Resident
of Bhojlai Bas, Sand Chowk, Ward No. 32, Near New Middle
School, Sujangarh, District Churu.
—-Respondent
__
For Petitioner(s) : Mr S.K. Punia
For Respondent(s) : Mr Nishant Bora
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
11/10/2017

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

transfer of Divorce Petition No.03/2016 (Vikas Kumar v. Smt

Monika) pending in the court of Additional District Judge,

Sujangarh District Churu to court of competent jurisdiction at

Jhunjhnu i.e. Family Court, Jhunjhunu.

Briefly stated, marriage of the parties was solemnized on

30.01.2005. The respondent by way of petition under sec.13 of

the Hindu Marriage Act has sought decree for dissolution of the

marriage, which is pending adjudication before learned Additional

District Judge, Sujangarh District Churu.

The petitioner has further stated that after the marriage, the

respondent and his family members started harassing and
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torturing her on the ground of demand of dowry. They even got

done her abortion by administering medicine while keeping her in

dark, due to which her condition became bad. Thereafter, on

12.02.2016, the petitioner was beaten by the respondent and his

family members for demand of dowry and she was ousted from

the matrimonial home. Under the circumstances, an FIR

No.142/2016 was lodged by the petitioner at Police Station, Gudha

Gorji, District Jhunjhunu for offence under secs.498A, 406, 315,

313, 384 120B IPC. After investigation, challan was filed against

them and a case is pending trial before court of Judicial

Magistrate, Udaipurwati, District Jhunjhunu.

The petitioner has also filed an application for claiming

maintenance under sec.125 CrPC against the respondent, which is

pending before the Judicial Magistrate, Udaipurwati, District

Jhunjhunu. It was further alleged that the petitioner is a poor lady,

22 years of age and presently residing with her parents. There is

no one in the family to escort hear for attending the court

proceedings before learned Additional District Judge, Jhunjhunu

and in fact, it is very difficult for the petitioner to travel all alone a

distance of near about 150 kms to attend the court. The

respondents are influential persons and threatening the petitioner

for compromise in the criminal case, failing which she has to face

dire consequences and there is no safety for her life liberty while

going to Sujangarh to attend the divorce case.

Notices of the Transfer Application were served. After due

service, power was filed for the sole respondent.

Heard learned counsel for the parties.
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After the marriage, the respondent and his family members

started harassing and torturing the petitioner for demand of

dowry. She was beaten and even got done abortion by

administering medicine by keeping her in dark. Thereafter, on

12.02.2016, she was beaten on ground of demand of dowry and

also ousted from the matrimonial home. Under the circumstances,

an FIR was lodged by the petitioner against the respondent and

his family members for offence under secs.498A, 406, 313, 315,

384 and 120B IPC, in which after investigation, challan was filed

before court of competent jurisdiction and the case is pending trial

before learned Judicial Magistrate, Udaipurwati, District

Jhunjhunu. A petition under sec.125 CrPC is also pending against

the respondent before the learned Judicial Magistrate, Udaipurwati

District Jhunjhunu. The petitioner is having no source of income

and has to travel all alone a distance of near about 150 kms, to

attend the proceedings of divorce petition filed by the respondent

before the Additional District Judge, Sujangarh District Churu.

It was also alleged that the respondents are influential

persons and they are threatening and pressurizing the petitioner

for compromise in criminal case, otherwise she would have to face

dire consequences and thus, there is no safety for life and liberty

to the petitioner while going from Gudha Gorji to Churu to attend

proceedings of the divorce petition.

Learned counsel for the respondent while denying allegations

in the Transfer Petition argued that the respondent is ready to pay

all travel and stay expenses on every occasion and the petitioner

be required to come to Churu and there would be no
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inconvenience to the petitioner if she comes to attend the case at

Churu court. In support of his submissions, he relied on decisions

of Supreme Court in Transfer Petition (Civil) No.66/2003 (Kakulita

Sinha v. Sukumar Sinha decided on 25.08.2003, in Transfer

Petition (Civil) No.23/2005 (Reema Sethi v. Deepak Sethi) decided

on 25.04.2005, Transfer Petition (Civil) No.117-118/2004 (Preeti

Sharma v. Manjit Sharma) decided on 29.04.2005, wherein

transfer petitions were dismissed where husband was ready to pay

expenses for travel and stay to the wife.

In the present case, even if the travel expenses are paid by

the respondent, the allegation of the petitioner is that the

respondent is influential person and she is facing threats and

pressure by the respondent for compromising in the criminal case,

otherwise she will have to face dire consequences. She

apprehends threat to her life liberty.

In view of this 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

Divorce Petition No.03/2016 (Vikas Kumar v. Smt Monika), filed by

the respondent under sec.13 of the Hindu Marriage Act, pending

before the Additional District Judge, Sujangarh District Churu is

ordered to be transferred to the Family Court, Jhunjhunu.

(DR. VIRENDRA KUMAR MATHUR), J.

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