Smt Reetu vs Mahendra Puri on 10 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 101 / 2016
Smt Reetu w/o Shri Mahendra Puri D/o Shri Yashpal Giri, by caste-
Goswami, aged about 35 years, r/o 8-G-5, Jawaharnagar, Sri
Ganganagar (Raj.)
—-Petitioner
Versus
Mahendra Puri s/o Shri Jagdish Puri, by caste Goswami, aged
about 36 years, r/o Ghata Mahandipur Balaji, Teshil Sikarai,
District Dausa (Raj.)
—-Respondent
__
For Petitioner(s) : Mr Trilok Joshi
For Respondent(s) : Mr Kan Singh Oad
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
10/11/2017

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

transfer of Civil Misc. Case No.7/2016 {Mahendra Puri v. Reetu)

filed by respondent under sec.13 of the Hindu Marriage Act,

pending before the Additional District Judge, Bandikui, District

Dausa to court of District Judge, Sri Ganganagar.

Briefly stated, marriage between the parties was solemnized

around 12 years ago at Sri Ganganagar and out of the wedlock,

one female child born and she is also living with the applicant at

Sri Ganganagar. It was also contended that previously a Transfer

Application {Smt Reetu v. Mahendra Puri} was filed in the year

2010 and the same was allowed by the High Court vide order

dated 01.07.2011. After order of the High Court, the parties

entered into compromise and settled their dispute on 25.06.2015
(2 of 4)
[CTA-101/2016]

and the suit pending before Family Court, Sriganganagar was

withdrawn. On 11.04.2016, the respondent Mahendra Puri moved

a fresh application under sec.13 of the Hindu Marriage Act before

Additional District Judge, Bandikui against the applicant, on same

repeated grounds.

It was contended that presently daughter of the petitioner is

studying in Good Shepherd Public School, Sri Ganganagar in

Class-V. The respondent has deserted the petitioner and she was

also maltreated for demand of dowry. Ultimately, due to

harassment, she lodged a criminal prosecutions against the

respondent under secs.498A IPC and also under the provisions of

the Domestic Violence Act, which are pending adjudication in

different courts at Sri Ganganagar. The applicant, who is living at

Sri Ganganagar with her old parents has numerous difficulties and

has bona fide reasons to get the matter transferred to the Family

Court, Sri Ganganagar.

Notices were issued to the respondent, which were duly

served and a reply has been filed on behalf of the respondent. It

was averred by respondent in the reply that the petitioner has

filed 3 different cases against him, out of which 2 cases are also

pending adjudication at Dausa. It was also contended that this

Court in Criminal Misc. Transfer Petition No.07/2016 vide order

dated 29.09.2016 directed to send record of Criminal Case

No.535/2010 {State v. Mahendra Puri} to the court of Chief

Judicial Magistrate, Dausa and placed on record copy of order

dated 29.09.2016 as Annx.R/1. It was further contended that

similarly yet another case filed by the petitioner against the
(3 of 4)
[CTA-101/2016]

respondent for domestic violence was also transferred to Dausa by

this Court vide order dated 05.05.2017 passed in Cr. Misc.

Transfer Petition No.13/2016 and copy of the order dated

05.05.2017 is placed on record as Annx.R/2.

It was also mentioned that the Additional Chief Judicial

Magistrate, Sri Ganganagar in Cr. Case No.524/2009 filed by the

petitioner under secs.12, 17, 19 31 of the Protection of Women

from Domestic Violence Act directed the respondent to provide

accommodation for the petitioner, which the respondent has duly

complied with and has provided Rooms No.5 6 in Hanumant

Yatri Niwas at Dausa. The petitioner has been residing at Dausa

yet with ill-intention only for the purpose of harassing the

respondent she has filed this Transfer Petition. A copy of the order

dated 03.02.2015 is also placed on record as Annx.R/3. It was

also contended that the respondent is suffering from severe ailing

condition as his liver has completely damaged and he is

undergoing treatment at Delhi and placed on record copies of

prescriptions and medical reports as Annx.R/4.

Heard learned counsel for the parties.

The respondent has admitted that earlier Divorce Petition

filed by him was withdrawn because the parties agreed to settle

the matter out of the court. Later on, the circumstances changed

and he again filed a petition under sec.13 of the Hindu Marriage

Act and further stated that in compliance of order passed in Cr.

Case No.524/2009 filed by petitioner under secs.12, 17, 19 31

of the Protection of Women from Domestic Violence Act, he has

provided accommodation to the petitioner in Rooms No.5 6 of
(4 of 4)
[CTA-101/2016]

Hanumant Yatri Niwas at Dausa and since then the petitioner is

residing at Dausa with her daughter. The respondent denied the

facts relating to harassment and it was contended that the

petitioner has filed 03 different cases against the respondent, out

of which 02 are also pending at Dausa and in Cr. Misc. Transfer

Petition No.7/2016 by order dated 29.09.2016 this Court directed

to send record of the Cr. Case No.535/2010 (State v. Mahendra

Puri) to the court of Chief Judicial Magistrate, Dausa and another

case filed under Domestic Violence Act against the respondent was

also ordered to be transferred to Dausa by this Court vide order

dated 05.05.2017 passed in Cr. Misc. Transfer Petition

No.13/2016.

In view of the fact that two cases are already pending for

adjudication at Dausa, there is no occasion to get third case filed

under sec.13 of the Hindu Marriage Act, which is also pending

adjudication at Dausa, be transferred to Sri Ganganagar. There is

no ground made out for transfer of Case No.07/2016 (Mahendra

Puri v. Reetu) under sec.13 of the Hindu Marriage Act pending in

the court of Additional District Judge, Bandikui. The Transfer

Application is dismissed.

(DR. VIRENDRA KUMAR MATHUR), J.

mma/24

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