HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 57 / 2017
Smt. Sapna Tiwari W/o Shri Shivdutt Sharma (Piyush Sharma)
D/o Shri Shyam Sunder Tiwari, Aged About 28 Years, By Caste
Brahmin, Resident of E-251-B, Kanta Khaturia Colony, Bikaner.
—-Petitioner
Versus
Shri Shivdutt Sharma (Piyush Sharma) S/o Shri Vishnudutt
Sharma, By Caste Brahmin, R/o Bassi Mohalla, Peesangan, Tehsil.
Pushkar, District Ajmer.
—-Respondent
__
For Petitioner(s) : Mr Jagdish Kumar Vishnoi
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
06/10/2017
This Transfer Application under sec.24 has been filed for
transfer of Case No.453/2016 (Shivdutt Sharma v. Smt Sapna),
pending before the Family Court, Ajmer, to the Family Court at
Bikaner.
Briefly stated, marriage between parties was solemnized on
10.12.2006. Out of the marriage, two daughters and one son were
born. The respondent started harassing her and on several
occasions subjected her to domestic violence on the ground of
dowry, for demand of Rs.15 Lacs and one luxury car. The
petitioner was ultimately turned out of the matrimonial home on
29.05.2016 and she is forced to live with her parents. The
petitioner and her parents tried to settle through Panchayat but all
efforts failed.
(2 of 3)
[CTA-57/2017]
Thereafter, an FIR (No.136 dated 02.07.2016) was lodged
before Women Police Station, Bikaner against the respondent and
his family members for offence under secs.498A, 406, 323, 120B,
354 IPC, in which after investigation the Police has filed challan
and the case is pending for trial before learned Additional Chief
Judicial Magistrate No.3, Bikaner. An application under sec.12 of
the Protection of Women from Domestic Violence Act has also
been filed before the learned Additional Civil Judge (SD)
Additional Chief Judicial Magistrate No.3, Bikaner. It was also
contended that the petitioner has no independent source of
income for maintaining herself and her children. She has filed an
application for maintenance from respondent under sec.125 CrPC,
which is pending before the Family Court No.1, Bikaner.
The respondent Shiv Dutt has filed an application under
sec.9 of the Hindu Marriage Act against the petitioner before
Family Court, Ajmer, which has been registered as Case
No.453/2016 and is pending before the Family Judge, Ajmer.
Notices were issued and even after due service, no one has
appeared for the respondent.
Heard learned counsel for the petitioner.
After the marriage, two daughters and a son born out of the
wedlock. On account of cruelty and domestic violence on the
ground of demand of dowry for Rs.15 Lacs and one luxury car, an
FIR was lodged against the respondent and after investigation,
challan was filed under secs.498A, 406, 323, 120B, 354 IPC,
which case is pending for trial before ACJM No.3, Bikaner. An
application under sec.12 of the Protection of Women from
(3 of 3)
[CTA-57/2017]
Domestic Violence Act is also pending before the ACJM No.3,
Bikaner and proceedings under sec.125 CrPC is also pending
before the Family Judge, Bikaner.
The petitioner has no independent source of income for
maintaining herself as well as her children. It is very difficult and
inconvenient for a lady to travel all alone,, under the
circumstances when she had no independent source of income and
having three children, for contesting the case pending before the
Family Judge, Ajmer.
In view of aforesaid and in light of judgment of Hon’ble
Supreme Court in Vaishali Shridhar Jagtap v. Shridhar
Vishwanath Jagtap reported in 2016 (4) WLN 237 (SC), it is a
fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Case
No.453/2016 (Shivdutt Sharma v. Smt Sapna), filed by the
respondent under sec.9 of the Hindu Marriage Act, pending before
the Family Court, Ajmer is ordered to be transferred to the Family
Court at Bikaner.
(DR. VIRENDRA KUMAR MATHUR), J.
mma/27
