HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 105 / 2014
Manju Devi w/o Rakesh Sharma, b/c Brahmin, age 25 years, r/o
near Hariram Temple, Gangashar, District Bikaner.
Rakesh Sharma s/o Shankar Lal Sharma, b/c Brahmin, r/o Ward
No.24, Ajad Chowk, Laxmi Bai Nagar, Suratgarh District
For Petitioner(s) : Mr Shreekant Verma
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.1086/2014 (Rakesh v. Manju Devi),
filed by the respondent under sec.13 of the Hindu Marriage Act,
pending before the Family Court, Sriganganagar, to the Family
Briefly staed, marriage between the parties was solemnized
on 22.04.2008 at Bikaner. The relation between the parties did not
remain cordial because respondent and his family members
started harassing and committing cruelty to the petitioner on the
ground of demand of dowry. A complaint was lodged by the
petitioner against respondent and inlaws under secs.498A, 406,
323, 120B IPC, before MJM No.3, Bikaner. An application under
sec.125 CrPC was also filed by the petitioner against respondent in
the Family Court, Bikaner.
(2 of 3)
The respondent filed an application under sec.13 of the
Hindu Marriage Act before the Family Court, Sriganganagar on
false grounds. It is contended that the petitioner is a lady, living
with her old-age parents, her father is suffering from serious
ailments and is not in a possession to travel along with her for
contesting the case pending at Sriganganagar. The distance
between Bikaner and Sriganganagar is near about 250 kms. The
daughter of the petitioner is studying in school. In the
circumstances, it is very difficult for her to attend the case filed by
the respondent at Sriganganagar.
Notices issued to the sole respondent received served on
02.05.2017 but nobody was present for the respondent and the
case was ordered to be listed after two weeks. Again on
25.07.2017, none was present for the respondent. Today also,
neither the respondent nor his counsel is present.
Heard learned counsel for the petitioner.
After the marriage, relation between the parties were not
cordial on account of harassment and cruelty committed to the
petitioner by respondent and his family. Thus, a complaint was
filed by petitioner against the respondent and in-laws for offence
under secs.498A, 406, 323, 120B IPC before the MJM No.3,
Bikaner, which is pending. An application under sec.125 CrPC filed
by the petitioner is also pending before the learned Family Judge,
Bikaner. Presently the petitioner is living with her parents and her
small daughter is studying in school. She does not have
independent source of income and it is also contended on behalf of
the petitioner that her father is aged and suffering from old-age
(3 of 3)
diseases, he is not in a position to accompany her to contest the
divorce petition filed by the respondent at Sriganganagar. The
distance between Bikaner and Sriganganagar is near about 250
kms., so it is difficult for her to travel all alone to Sriganganagar.
In view of the ratio laid down by Hon’ble Supreme Court in
Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap
reported in 2016 (4) WLN 237 (SC), considering the hardship of
the applicant lady, it is a fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Civil
Misc. Case No.1086/2014 (Rakesh v. Manju Devi), filed by the
respondent for under sec.13 of the Hindu Marriage Act, pending
before the Family Court, Sriganganagar is ordered to be
transferred to the Family Court, Bikaner.
(DR. VIRENDRA KUMAR MATHUR), J.