HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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
Govind Kumar s/o Shri Bheraram by caste Bhil r/o Quarter
No.366L, Topdara, Railway Colony, Near Railway Station, Ward
For Petitioner(s) : Mr. Moti Singh
JUSTICE DINESH MEHTA
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)
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
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)
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.