HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 116 / 2016
Smt. Abhliasha w/o Shri Om Prakash D/o Shri Ambika Prasad, by
caste Mathur, age about 34 years, r/o 19, Shobha Niwas, Bagar Ka
Nohar, Lalbot Choraha, behind Community Hall, Bedla, Udaipur
Omprakash s/o Shri Sampat Lal, by caste Mathur, r/o House
No.1/150, Housing Board Colony, Tausar Road, Nagaur (Raj.)
For Petitioner(s) : Mr N.P. Ojha on behalf of Mr N.S. Rajpurohit
For Respondent(s) : Mr Sanjay Mathur
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Case (H.M.) No.13/2015 (279/14) – Om Prakash
v. Smt Abhilasha, filed by the respondent under sec.9 of the Hindu
Marriage Act, pending before Additional District Judge No.1,
Nagaur to the court of District Judge, Udaipur.
Briefly stated, marriage of the parties was solemnized on
19.11.2013 at Udaipur. It was submitted that behaviour of the
respondent and his family members initially was very good
towards the petitioner but after some time, they started ignoring
and harassing the petitioner and they started torturing her fro
demand of dowry. Ultimately, the respondent his family members
ousted the petitioner from the matrimonial home in unhealthy
(2 of 4)
condition on 18.12.2013. Thereafter, petitioner’s father came to
Nagaur and brought her to Udaipur.
It was also stated that the petitioner has lodged an FIR at
Women Police Station, Udaipur being FIR No.57/2015, in which a
charge-sheet has been filed against the respondent with other
accused persons and the case is pending for adjudication before
the Additional Chief Judicial Magistrate No.2, Udaipur. Besides this,
an application under sec.125 CrPC, registered as Case
No.115/2016, has also been filed against the respondent, which is
pending before the Special Additional Chief Judicial Magistrate
(PCPNDT Act cases), Udaipur.
The petitioner has filed a divorce petition under sec.13(A) of
the Hindu Marriage Act against the respondent, registered as Case
No.452/2015, which is pending before the Additional District
Judge, Udaipur. One more complaint has been filed by the
petitioner against respondent for offence under sec.406 IPC and
the same is also pending for adjudication before the ACJM
(PCPNDT Act Cases), Udaipur.
The respondent has filed an application under sec.9 of the
Hindu Marriage Act, for restitution of conjugal rights against the
petitioner, before the Family Court, Merta, District Nagaur which
has now been transferred to the court of Additional District Judge
It was contended that the petitioner is living at Udaipur with
her parents and it is very difficult for her to come to Nagaur on
each every date of hearing to attend the matrimonial case filed
by the respondent.
(3 of 4)
After service of notice, the respondent sought time to file
reply on 04.05.2017. This Court by interim order dated
04.05.2017 granted time prayed for by the respondent and in the
meanwhile, stayed further proceedings in Civil Misc. Case
No.13/2015 filed by the respondent. Thereafter, on 19.05.2017,
30.05.2017, 05.07.2017, 12.07.2017 and 18.07.2017 time was
sought for filing reply. Even today, no reply has been filed.
Heard learned counsel for the parties.
The petitioner is a lady and it is very difficult for her to travel
all alone from Udaipur to Nagaur for contesting the application
under sec.9 of the Hindu Marriage Act filed by the respondent. The
respondent, on the other hand, is required to come to Udaipur in
the criminal case in relation to FIR No.57/2015, the complaint
case filed under sec.406 IPC and also to contest the application
under sec.125 CrPC filed by the petitioner for maintenance,
besides divorce application of the petitioner pending adjudication
before Additional District Judge, Udaipur.
In the facts and circumstances of the present case,
considering the hardship of the applicant lady, 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), it is a fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Civil
Case (H.M.) No.13/2015 (279/14) – Om Prakash v. Smt
Abhilasha, filed by the respondent for under sec.9 of the Hindu
Marriage Act, pending before the Additional District Judge No.1,
(4 of 4)
Nagaur is ordered to be transferred to the court of District Judge,
(DR. VIRENDRA KUMAR MATHUR), J.