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Smt. Kamla vs Govind Kumar on 21 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 46 / 2016
Smt. Kamla w/o Shri Govind d/o Moda Ram Age 20 years by caste
Bhil r/o In front of Petrol Pump, Khiwandi, P.S. Sumerpur District
Pali.
—-Petitioner
Versus
Govind Kumar s/o Shri Bheraram by caste Bhil r/o Quarter
No.366L, Topdara, Railway Colony, Near Railway Station, Ward
No.33, Ajmer.
—-Respondent
__
For Petitioner(s) : Mr. Moti Singh
__
JUSTICE DINESH MEHTA
Judgment
21/11/2017

Despite service of the notice nobody has put in appearance

on behalf of the respondent.

The transfer application is therefore, being decided, after

considering the submissions of learned counsel for the applicant.

Mr. Moti Singh, learned counsel for the applicant stating the

facts of the case submitted that the respondent – Govind Kumar

husband of the petitioner had instituted a petition for dissolution

of marriage under Section 13 of the Hindu Marriage Act, 1955 on

08.07.2015, which was registered as case No.14/2015 in the

Family Court, Ajmer.

Learned counsel for the applicant submitted that the

applicant got married with the respondent according to Hindu

rituals on 03.06.2011, which was soleminsed at village Khiwanda,
(2 of 3)
[CTA-46/2016]

District Pali. Whereafter, their marital life got disturbed as a result

of the conduct of the husband, who demanded dowry. The

applicant therefore, has lodged an F.I.R No.342/2013 under

Sections 498A, 406 and 323 I.P.C in the Police Station Sumerpur.

The proceedings pursuant to the said F.I.R are continuing before

learned Additional Chief Judicial Magistrate, Sumerpur.

Narrating the facts stated above, learned counsel for the

applicant submitted that the applicant is an illiterate lady, solely

dependent upon her parents, is residing in her small village

Khiwanda, Police Station Sumerpur, District Pali. Mr. Moti Singh

submitted that taking up journey to Ajmer for defending the

present suit, under Section 13 of the Hindu Marriage Act,1955, is

burdensome for her as it involves financial burden as well, besides

the traveling time.

He added that the applicant has to undertake the journey to

Ajmer, for which some of her family members has to accompany

her, whereas the respondent – Govind Kumar, serving in Railways

at Ajmer can conveniently participate in the proceedings at Pali.

Learned counsel for the petitioner informed that the

Additional District Judge, Sumerpur has been empowered under

the Act and the relevant Rules to deal with the matter arising from

Hindu Marriage Act, 1955. In the backdrop of these facts he

prayed that the present case be transferred to said court at

Sumerpur.

Heard learned counsel for the applicant and perused the

material available on record.

Appraisal of the factual matrix of the case reveals that the
(3 of 3)
[CTA-46/2016]

petitioner had already instituted criminal proceedings against the

respondent – husband, for demand of dowry and physical assault;

which are pending in the court of Additional Chief Judicial

Magistrate, Sumerpur and the applicant, an illiterate lady is

residing with her parents in her village near Sumerpur. It would be

in the fitness of the thing that the present case filed under Section

13 of the Hindu Marriage Act, 1955, pending before the Family

Court, Ajmer be transferred to Additional District Court, Sumerpur.

In the facts of the present case, it is deemed expedient and

hence ordered that the Civil Suit No.14/2015 titled as “Govind

Kumar vs. Smt. Kamla” pending in the Family Court, Ajmer shall

stand withdrawn from that Court and transferred to the Additional

District Judge, Sumerpur.

A copy of this order be sent to the Family Court, Ajmer as

well as to the Additional District Judge, Sumerpur, so as to ensure

transmission of the record of the case aforesaid, to the Additional

District Judge, Sumerpur.

The transfer application stands allowed, as indicated above.

(DINESH MEHTA), J.

Himanshu/-19

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