Smt. Monika vs Deepak Karamchandani on 16 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 28 / 2017
Smt. Monika W/o Shri Deepak Karamchandani D/o Shri Ishwar Lal
Sevani, Aged About 31 Years, By Caste – Sindhi, Resident of –
Presently Living At House No.-A-148, Jawahar Nagar, Jaipur (Raj.)
—-Petitioner
Versus
Deepak Karamchanani S/o Shri Jagdish Karamchandani, Aged
About 31 Years, By Caste – Sindhi, Resident of – 2-F-1, Chopasani
Housing Board, Jodhpur (Raj.).
—-Respondent
__
For Petitioner(s) : Mr Manoj Kashyap
For Respondent(s) : Mr Dilip Singh Baghela
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
16/11/2017

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

transfer of application No.421/2016 {Deepak Karamchandani v.

Manika} filed by the respondent under sec.13 of the Hindu

Marriage Act, pending before the Family Court No.1, Jodhpur

Metropolitan to Family Court, Jaipur.

Briefly stated, the respondent filed an application under

sec.13 of the Hindu Marriage Act for dissolution of marriage dated

30.07.2012 solemnized between the parties. It was contended

that the respondent and his family members have tortured and

humiliated the petitioner for their unlawful demand of dowry and

threatened the petitioner to face consequences if their demand is

not fulfilled. On this the petitioner lodged an FIR No.111/2016 at

Women Police Station, Jaipur East on 02.09.2016. After
(2 of 4)
[CTA-28/2017]

investigation in the matter, the Police filed challan on 09.01.2017

against respondent before Additional Civil Judge Metropolitan

Magistrate No.15, Jaipur Metropolitan under secs.498A, 406 IPC.

It was also averred that from the wedlock, a baby girl “Dolly

Karamchandani” was born on 11.07.2013 and from date of her

birth she is living with the mother and now she is at tender age of

3 years 6 months. It was also submitted that the petitioner and

her minor daughter are completely dependent on petitioner’s

father, she has no source of income and the distance between

Jaipur to Jodhpur is more than 300 kms which is quite far away. It

is very inconvenient for the petitioner to travel all alone with her

minor girl child to a distance of more than 300 kms. It was further

submitted that the petitioner filed S.B. Civil Transfer Application

No.153/2016 before Jaipur Bench of this Court and the Court vide

order dated 18.01.2017 dismissed the petition with liberty to file

fresh Transfer Petition before the Principal Seat at Jodhpur.

Notices were issued to respondent. The respondent after

putting his appearance has filed reply to the application and

denied the facts as to harassment humiliation to petitioner and

the demand of dowry. It was further submitted that it is wrong to

contend that petitioner and her daughter are completely

dependent on petitioner’s father and there is no source of income.

It was contended that the petitioner is a woman from sound family

and having earning members in her house at Jaipur. It was also

averred that the respondent is ready to pay her travelling and

other expenses to Jodhpur.

Heard learned counsel for the parties.
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[CTA-28/2017]

After the marriage between parties, out of the wedlock a girl

child was born on 11.07.2013, who is presently 3 years 6 months

of age. On account of mental torture and humiliation for unlawful

demand of dowry, the petitioner lodged an FIR No.111/2016 at

Women Police Station, Jaipur East on 02.09.2016, in which after

investigation Police has filed challan on 09.01.2017 before learned

Additional Civil Judge Metropolitan Magistrate No.15, Jaipur

Metropolitan against the respondent under secs.498A, 406 IPC.

Copies of the FIR and challan have been placed on record as

Annx.2. The respondent has filed divorce petition before the

Family Court, Jodhpur. The respondent has to appear before

Additional Civil Judge Metropolitan Magistrate No.15, Jaipur

Metropolitan for contesting the case registered against him under

secs.498A, 406 IPC.

It is very difficult for a lady to travel all alone from Jaipur to

Jodhpur with minor daughter of 3 years 6 months age. Although

the respondent has submitted that he is ready to pay travelling

expenses, only paying travelling expenses can not compensate

against inconvenience to the petitioner in travelling all alone from

Jaipur to Jodhpur with very young daughter.

Looking to the facts circumstances of the case, when the

respondent is already appearing at Jaipur for contesting the case

pending against him under secs.498A, 406 IPC before ACJMM

No.15, Jaipur Metropolitan, in these circumstances, in the opinion

of the Court convenience of the petitioner has to be considered in

view of ratio of the judgment of Hon’ble Supreme Court in

Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap
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[CTA-28/2017]

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

transferred.

Accordingly, this Transfer Application is allowed and the

application No.421/2016 {Deepak Karamchandani v. Manika},

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

pending before the Family Court No.1, Jodhpur Metropolitan is

ordered to be transferred to the Family Court at Jaipur.

(DR. VIRENDRA KUMAR MATHUR), J.

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