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Judgments of Supreme Court of India and High Courts

Pooja Modi vs Navin Modi on 5 July, 2017

S.B. Civil Transfer Appl. No. 119 / 2016
Pooja Modi w/o Navin Modi D/o Rakesh Pipliwal, by caste Mahajan
aged about 30 years, r/o Mahesh Jindals Colony, Ward No.6, Tehsil
Devali, District Tonk (Raj.), presently residing at Dwarkesh
Dispensary Chopati Bazar, Kankroli, Rajsamand.
Navin Modi s/o Rampal Modi, by caste Mahajan, aged about 31
years, r/o Mahesh Jindals Colony, Ward No.6, Tehsil Devali, District
Tonk (Raj.)
For Petitioner(s) : Mr S.S. Sisodia with Mr Ankit Prakash Singh
For Respondent(s) : Mr Abhijeet Joshi on behalf of Mr Ranjeet

This Transfer Application under sec.24 CPC has been filed in

respect of Civil Misc. Case No.81/2016 (Navin Modi v. Smt Pooja),

filed by the non-application under sec.13 of the Hindu Marriage

Act, pending before the Family Court, Tonk, for transfer to the

Family Court at Rajsamand.

Briefly stated, the marriage of the applicant was solemnized

with the non-applicant on 19.01.2012. On demand of dowry by

non-applicant the in-laws at the evil advise, the applicant went

to her parental house. It is submitted that due to harassment and

dowry demands, a complaint was lodged by the applicant against

the non-applicant and his family members under secs.498A and

406 IPC. An application was also filed by her under secs.12 23
(2 of 3)

of the Domestic Violence Act, which is still pending in the court of

MJM, Rajsamand.

The non-applicant, in counter blast and to harass the

applicant, moved an application for divorce under sec.13 of the

Hindu Marriage Act, which was registered as Civil Misc. Case

No.81/2016 (Navin Modi v. Smt Pooja) before District Sessions

Judge, Tonk. Later on, this divorce application was transferred to

the Family Court, Tonk.

It is submitted that the applicant is presently residing at

Rajsamand. It is also stated that recently the applicant was

threatened by relatives of the non-applicant, who has filed a case

at Tonk, that they will see how she enters in court campus at

Tonk. In the circumstances, the applicant can not go to Tonk along

with her minor daughter to attend the case. The applicant is

residing at Rajsamand, which is 250 kms from Tonk, she is a

young lady and it is also stated that nobody is in a position to

travel with her to Tonk.

The counsel for the non-applicant argued that there is no

ground for transferring the case from one court to another only

because the lady has a young child and that the distance between

two places is less than 300 kms. In support of his arguments, he

placed reliance on judgment of this Court in S.B. Civil Transfer

Application No.87/2015 (Smt Parwati Sharma v. Pawan Kumar)

decided on 03.11.2016.

Heard learned counsel for the parties.

The counsel for the applicant has placed reliance on

judgment of Hon’ble Supreme Court in Sunita Singh v. Kumar
(3 of 3)

Sanjay others and Smt Kanchan Tewari v. Vinod Kumar Tewari,

wherein it was held that convenience of wife in transferring

matrimonial dispute cases is of paramount importance. He further

placed reliance on recent judgment of Hon’ble Supreme Court in

Transfer Petition (Civil) No.1912/2014 : Krishna Veni Nagam v.

Harish Nagam decided on 09.03.2017.

The criminal case No.322/2015 under secs.498A 406 IPC

against the non-applicant is pending in the court of Judicial

Magistrate, Rajsamand. The application under secs.12 23 of the

Domestic Violence Act against the non-applicant is also pending

before the Judicial Magistrate, Rajsamand.

In the facts and circumstances, it is a fit case where

convenience of the lady applicant is to be considered, specially

when two cases, one under secs.498A 406 IPC and other under

Domestic Violence Act, against the non-applicant are pending at

Rajsamand. The applicant is residing at Rajsamand with her minor

child. In view of the circumstances, in the opinion of this Court, it

is a fit case for accepting the prayer for transfer of the case from

Family Court, Tonk to Family Court, Rajsamand.

The Transfer Application is allowed and it is ordered that the

Misc. Case No.81/2016 (Navin Modi v. Smt Pooja), filed by the

non-applicant, be transferred from the Family Court, Tonk to the

Family Court, Rajsamand.



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