HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 108 / 2017
Chandrakala @ Priti W/o Vikash Kumar D/o Shri Ram Kishor, R/o
Kailash Nagar, Ward No. 39, Sikar. WIFE:
Vikash Kumar S/o Ramesh Kumar, By Caste Prajapat, R/o Ward
No.4, Aathuna Mohalla, Near Lohiya Kuna, Distt. Churu. HUSBAND
For Petitioner(s) : Mr Ajeet Singh Shekhawat
For Respondent(s) : None present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Misc. Case No.386/2014 (Vikash Kumar v.
Chandra Kala), pending before the Family Court, Churu under
sec.9 of the Hindu Marriage Act, to Family Court, Sikar.
Briefly stated, marriage between the parties was solemnized
on 02.02.2012. Out of the said wedlock, a female child was born
on 28.09.2013. Soon after the marriage, behaviour of respondent-
husband and his family members changed and they started
harassing and abusing the petitioner, for extraneous reasons
including demand of dowry. Physical and mental threats were also
given on several occasions. The petitioner tried her level best to
settle down the things but of no avail as there was unwarranted
and undue pressure by the respondent and his family members for
demand of dowry.
(2 of 3)
The petitioner was beaten at Churu by the respondent-
husband and his family members for demand of dowry, therefore,
she had no option but to remain at Sikar, as their demand was
unrealistic and father of the petitioner was not in a position to
fulfill such demand. The petitioner under these circumstances filed
a complaint under secs.498A, 406, 323, 120B IPC and sec.3 of the
Dowry Prohibition Act before the Judicial Magistrate No.1, Sikar.
The matter is presently pending before the learned Judicial
Magistrate No.1, Sikar.
In counter blast, the respondent filed a petition under sec.9
of the Hindu Marriage Act before the Family Court, Churu. The
petitioner is being threatened continuously by the respondent-
husband and in such circumstances, it is not possible for her to
travel from Sikar to Churu on each and every date before the
learned Family Judge, Churu along with her small child.
Petitioner’s father is suffering from heart disease and it is not
possible for her father to accompany her to travel on each every
date for contesting the case at Churu. There is no one else in the
family to accompany the petitioner. On these counts, transfer of
the case filed by respondent at Churu was sought to Sikar.
Notices were issued to the respondent but in spite of due
service, no one appeared on behalf of the respondent.
Heard learned counsel for the petitioner.
The petitioner is presently living with her father along with
her child. She was compelled to leave her matrimonial house by
the respondent and his family members on account of demand of
dowry and ill-treatment. The petitioner has filed a complaint under
(3 of 3)
secs.498A, 406, 323, 120B IPC and sec.3 of the Dowry Prohibition
Act and the case is pending before the Judicial Magistrate No.1,
Sikar. In counter-blast, proceedings were initiated by the
respondent against the petitioner under sec.9 of the Hindu
Marriage Act for restitution of conjugal rights, before Family Court,
Churu. It was contended by the petitioner that her father is
suffering from heart disease. She has no independent source of
income and it is very difficult in these circumstances for her to
contest the petition filed by the respondent before Family Judge,
Churu. There is no one to accompany her and it is very
inconvenient for her to travel all alone with her small female child,
from Sikar to Churu.
In the facts and circumstances of the case, the
inconvenience of the applicant lady is to be looked into in view of
ratio of the judgment of Hon’ble Supreme Court in Vaishali
Shridhar Jagtap v. Shridhar Vishwanath Jagtap reported in
2016 (4) WLN 237 (SC) and it is a fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Civil
Misc. Case No.386/2014 (Vikash Kumar v. Chandra Kala), filed by
the respondent for restitution of conjugal rights under sec.9 of the
Hindu Marriage Act, pending before the Family Court, Churu is
ordered to be transferred to the Family Court, Sikar.
(DR. VIRENDRA KUMAR MATHUR), J.