HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 16 / 2017
Smt. Amrin Salam W/o Shri Anvar Khan, D/o Shri Mohammed
Noor Pathan, Aged About 20 Years, R/o- Near Char Minar Maszid,
Railway Station, Chittorgarh, Tehsil Distt. Chittorgarh, Presently
At 914, Government Press Colony, Kishan Pole, Surajpole, Udaipur.
Anvar Khan S/o Late Shri Ibrahim Khan Ji Pathan, R/o- Near Char
Minar Maszid, Railway Station, Chittorgarh, Tehsil Distt.
For Petitioner(s) : Mr Ram Singh on behalf of Mr Deepak
For Respondent(s) : None present
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transferring Civil Original Case No.106/2016 (Anvar Khan v. Smt
Amrin Salam), pending before the learned Judicial Magistrate,
Chittorgarh to the Family Court, Udaipur.
Briefly stated, marriage of the parties was solemnized on
04.01.2016. Soon after the marriage, the petitioner was harassed
by the respondent and his other family members for demand of
dowry. She was also ousted out of her matrimonial home while
she was carrying a child, expected to be delivered on 27.02.2017.
After loosing hope of any change in behaviour of the
respondent and his family members, the petitioner filed a
complaint, which was registered as FIR No.168/2016 in Mahila
(2 of 3)
Police Station, Udaipur on 03.10.2016. After investigation in
aforesaid FIR, a charge-sheet was submitted agianst the
respondent for offence under secs.498A 406 IPC and the matter
is pending trial at the concerned court at Udaipur.
The respondent, after getting knowledge of the FIR, filed an
application for restitution of conjugal rights before the Judicial
Magistrate, Chittorgarh on 17.10.2016. The petitioner, being a
lady, is facing difficulty in attending the court at Chittorgarh.
On the grounds and facts stated for transfer of the case,
notice was issued and on 18.07.2017, counsel for the respondent
appeared and prayed for time but today, no one has appeared for
the respondent nor any reply has been filed.
Heard learned counsel for the petitioner.
The petitioner filed an FIR against the respondent, in which
after investigation a charge-sheet has been filed for offence under
secs.498A 406 IPC and the matter is pending trial before the
concerned court at Udaipur. Presently, the petitioner is living with
her parents at Udaipur. She has infant child and has no
independent source of income.
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
Original Case No.106/2016 (Anvar Khan v. Smt Amrin Salam),
(3 of 3)
filed by the respondent for restitution of conjugal rights under
sec.9 of the Hindu Marriage Act, pending before the learned
Judicial Magistrate, Chittorgarh is ordered to be transferred to the
Family Court, Udaipur.
(DR. VIRENDRA KUMAR MATHUR), J.