Uga Devi vs Jagdish on 9 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 7 / 2017

Uga Devi W/o Jagdish, D/o Umaram, Aged About 22 Years, R/o –
Presently Residing At Indra Nagar, Sangariya, P.S. Basni Jodhpur
(RAJ).

—-Petitioner

Versus

Jagdish S/o Mangi Lal, R/o – Ward No. 2, Bhat Colony, Tehsil
Ghadsana, Dist Shri Ganganagar (RAJ).

—-Respondent

__
For Petitioner(s) : Mr Bharat Devasi
For Respondent(s) : Mr D.S. Thind
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR

Judgment

09/11/2017

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

transfer of Civil Misc. Case No.166/2016 {Jagdish v. Uga Devi}

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

Additional District Judge, Anupgarh, District Sri Ganganagar to the

Family Court, Jodhpur.

Briefly stated, marriage between the parties took place in

the year 2013. The petitioner has been harassed by the

respondent and his family members in connection with demand of

dowry. Thereafter, the petitioner filed a complaint against the

respondent under secs.498A, 406, 323 IPC before ACJM (PC PNDT

Act cases), Jodhpur, wherein after investigation challan has been

filed against the respondent.
(2 of 4)
[CTA-7/2017]

The respondent has filed a petition (No.166/2016) under

sec.9 of the Hindu Marriage Act before Additional District Judge,

Anupgarh in counter blast to above case. The respondent has also

given threats to petitioner on many occasions to withdraw the

criminal case filed against him, therefore, there is danger to life of

the petitioner in case she attends the court at Anupgarh in the

course of proceedings pending before the ADJ, Anupgarh and in

such circumstances, it is not possible for the petitioner, who is a

lady having no source of income, to travel all alone to Anupgarh

for about 400 kms from Jodhpur, where she is presently residing

with her parents.

Notices were issued to respondent. After service, the

respondent appeared before this Court through advocate and filed

reply to the application and contended that the marriage was

solemnized between petitioner and respondent, by way of paying

a huge amount to parents of petitioner Uga Devi by parents of

respondent as per the personal custom prevalent in their society.

He denied the allegation of harassment of petitioner by his family

and contended that the Police, after thorough investigation,

submitted final Negative report against false frivolous

allegations levelled against entire family of the respondent.

It is also submitted in the reply that the petitioner is a

working lady and in her community, each every lady is head of

the family and working as head labourer of the family, mostly

engaging in private employment and the petitioner is also earning

a handsome income so as to maintain herself and fulfill all her

needs and requirements. Further, there is no requirement to
(3 of 4)
[CTA-7/2017]

attend the case at Anupgarh on each every date.

Heard learned counsel for the parties.

The petitioner after the marriage left her matrimonial home

due to harassment by respondent’s family members in connection

with demand of dowry and she is living with her parents at

Jodhpur. A complaint has also been filed by the petitioner against

respondent under secs.498A, 406, 323 IPC before ACJM (PC PNDT

Act cases), Jodhpur and in that case, after investigation Police

filed challan against the respondent and the petitioner has also

filed documents in connection with this case. On perusal of these

facts, it appears that challan has been filed and the respondent

has been enlarged on bail by the ACJM (PC PNDT Act cases),

Jodhpur in Case No.291/2016. The respondent has falsely stated

that after investigation Final Report has been filed in his favour.

The respondent has filed Case No.166/2016 under sec.9 of

the Hindu Marriage Act before Additional District Judge, Anupgarh.

It was argued on behalf of the petitioner that she received

threatening from the respondent to withdraw the criminal case

filed against him and due to this threat, there is danger to her life

in case she attends the court at Anupgarh. The petitioner is a lady,

having no source of income and it is very inconvenient for her to

travel all alone from Jodhpur to Anupgarh, which is more than 400

kms away.

Looking to the facts and circumstances of the case, the

inconvenience of the petitioner lady has to be considered. In view

of the above and in light of judgment of Hon’ble Supreme Court in

Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap
(4 of 4)
[CTA-7/2017]

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

transferred.

Accordingly, this Transfer Application is allowed and the Civil

Misc. Case No.166/2016 {Jagdish v. Uga Devi}, filed by the

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

the Additional District Judge, Anupgarh (Sri Ganganagar) is

ordered to be transferred to the Family Court at Jodhpur.

(DR. VIRENDRA KUMAR MATHUR), J.

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