HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 72 / 2017
Priya Soni W/o Pintu Soni D/o Lal Chand Ji Soni, Aged About 25
Years, By Caste- Soni, Resident of Village Atbada, Tehsil Sojat,
District Pali (Rajasthan)
—-Petitioner
Versus
Pintu Soni S/o Shri Shyam Lal, Aged About 29 Years, By Caste-
Soni, Resident of Village Kaparda, Tehsil Bilara, District Jodhpur.
P.S. Dangiyawas.
—-Respondent
__
For Petitioner(s) : Dr A.A. Bhansali
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
04/09/2017
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Original Suit No.99/2016, pending before the
Family Court No.1, Jodhpur Metropolitan to the court of Additional
District Judge, Sojat, District Pali or in the Family Court, Pali.
Briefly stated, marriage between the parties was solemnized
on 29.06.2009 in village Atabada, Tehsil Sojat of District Pali. No
issue born out of the wedlock. The behaviour of the non-applicant
from very beginning was cruel. The petitioner was subjected to
cruelty for demand of dowry. An FIR was lodged by the petitioner
against the non-applicant and his family members, which was
registered as FIR No.151/2012 at Police Station Sojat. However,
after intervention of family members, the parties settled their
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[CTA-72/2017]
disputes and started living together. Later on, the non-applicant
again started behaving with cruelty and the petitioner wsa left
with no option but to leave the matrimonial home otherwise they
would have killed her. Again an FIR was lodged against the non-
applicant and his family members, which was registered on
17.06.2013 at Police Station Sojat as FIR No.172/2013 for offence
under secs.498A, 406, 323/34 IPC. After investigation, a charge-
sheet was filed and the matter is pending trial before the
Additional Chief Judicial Magistrate, Sojat, District Pali.
The non-applicant filed a Divorce Petition under sec.13 of the
Hindu Marriage Act before the Family Court No.1, Jodhpur
Metropolitan, which was registered as Civil Original Suit
No.99/2016. It was contended that the applicant is a lady and on
very date of hearing it is not possible for her to attend the hearing
in the divorce case filed by non-applicant at Jodhpur. It was also
contended that the criminal case filed by the petitioner is pending
before Additional Chief Judicial Magistrate, Sojat and the non-
applicant is appearing there.
It was further stated that presently the petitioner is residing
with her parents at Sojat. It was also contended that when
applicant came to Jodhpur for attending hearing of divorce
petition, then the non-applicant threatened her and asked to
withdraw the criminal case otherwise she her family members
will be tortured.
Notices were sent to the respondent. The respondent refused
to take the notices and the same was verified by two witnesses
and the service is considered as completed. Thereafter, nobody
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appeared for the respondent. Even today, nobody appeared for the
respondent nor any reply has been filed. Heard learned counsel for
the petitioner.
The applicant lodged an FIR against the non-applicant and
his family members, firstly FIR No.151/2012 in which after
intervention of family members the parties settled their disputed
and started living together, however, later on the non-applicant
again started behaving with cruelty and a second FIR was lodged
against him, which was registered as FIR No.172/2013 under
secs.498A, 406, 323/34 IPC. In that FIR, after investigation,
challan was filed and Criminal Original Case No.482/2013 is
pending for trial before Additional Chief Judicial Magistrate, Sojat.
The non-applicant has filed a divorce petition under sec.13 of the
Hindu Marriage Act before the Family Court No.1, Jodhpur
Metropolitan, which was registered as Civil Original Suit
No.99/2016.
The applicant lady is residing with her parents at Sojat. The
non-applicant is appearing on every date of hearing in the criminal
case pending before the ACJM, Sojat. The non-applicant has also
threatened the applicant for withdrawal of criminal case. In view
of this, it is very inconvenient for the applicant lady to travel all
alone from Sojat to Jodhpur, which is near about 150 kms.
In the facts and circumstances of the case, inconvenient 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.
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Accordingly, this Transfer Application is allowed and the Civil
Original Suit No.99/2016, filed by the respondent under sec.13 of
the Hindu Marriage Act, pending before the Family Court No.1,
Jodhpur Metropolitan is ordered to be transferred to the court of
Additional District Judge, Sojat, District Pali.
(DR. VIRENDRA KUMAR MATHUR), J.
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