HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 6 / 2016
Smt. Gopi w/o Vijayshankar Chandak, aged 26 years, by caste
Maheshwari, r/o near Basic School, Jasolai Talai, Bikaner.
Vijayshankar Chandak s/o Narayan Das Chandak, aged 30 years,
r/o c/o Harikishan Chandak, near Gopinath Bhawan, Bikaner, at
present r/o Flat No.109, Vidhyadhar Nagar Enclave, Central Spine,
Vidhyadhar Nagar, Jaipur.
For Petitioner(s) : Mr Nitin Trivedi
For Respondent(s) : Mr Jai Kishan Bhaiya
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Misc. Case No.1389/2015 (Vijayshankar v. Smt
Gopi), filed by the respondent under sec.9 of the Hindu Marriage
Act, pending before the Family Court, Jaipur City to the Family
Briefly stated, marriage between the parties was solemnized
on 03.07.2010 at Bikaner. Out of the wedlock a boy was born on
27.03.2013. The respondent has illicit relations with one Ankita
Rathi and many a times the petitioner was abused and ill-treated
by respondent-husband and the in-laws. The petitioner was ousted
from in-laws house on 14.03.2015 on account of demand of
dowry. The application filed an application at Police Station,
Bikaner on 20.09.2013.
(2 of 3)
It was also stated that on one hand the petitioner has been
regularly ill-treated and not permitted to reside in the in-laws’
house and on the other hand, an application under sec.9 of the
Hindu Marriage Act has been filed by the respondent. It was also
contended that proceedings under secs.498A, 406, 323, 494 IPC
are pending against the respondent before Judicial Magistrate
No.3, Bikaner and an application under sec.125 CrPC is also
pending before the Family Court, Bikaner. It was also contended
that it is very difficult for the petitioner attend proceedings
pending at Jaipur City in the case filed by the respondent under
sec.9 of the Act on each and every date. On the other hand, the
respondent will have no difficulty in attending proceedings in all
cases at Bikaner.
Notices were issued and after due service, counsel for the
respondent appeared and sought time to file reply, on 17.04.2017,
03.05.2017 and last opportunity to file reply was given on
18.05.2017 but in spite of no reply was filed on 30.05.2017,
06.07.2017 and 21.07.2017. Even today no reply has been filed.
Heard learned counsel for the parties.
In view of the fact that the applicant is young lady, she is
having 4 years old child, a criminal case under secs.498A, 406,
323, 494 IPC against the respondent is pending before Judicial
Magistrate, Bikaner and a case under sec.125 CrPC is also pending
against the respondent before Family Court, Bikaner and it is very
difficult for the young lady with small child to attend the case filed
by the respondent under sec.9 of the Hindu Marriage Act at Family
Court, Jaipur City; specially under the circumstances when she
(3 of 3)
has no independent source of income nor is there anybody to
accompany her from Bikaner to Jaipur, the distance between two
cities is about 400 kms; in the above facts circumstances of the
present case, the prayer for transfer of the case filed by the
respondent at Jaipur City deserves to be transferred.
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.1389/2015 (Vijayshankar v. Smt Gopi), filed by the
respondent for under sec.9 of the Hindu Marriage Act, pending
before the Family Court, Jaipur City is ordered to be transferred to
the Family Court, Bikaner.
(DR. VIRENDRA KUMAR MATHUR), J.