HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 122 / 2016
Smt. Kalpna Kanwar w/o Sh. Sumer Singh D/o Sh. Govind Singh,
aged 26 years, by caste Rajput, r/o 5-E-238, Jai Narain Vyas
Colony, Bikaner. (Raj.)
Sumer Singh s/o Sh. Amar Singh, by caste Rajput, r/o 6-G-46,
R.C. Vyas Colony, Bhilwara presently residing at Baddi, Tehsil
Nalagarh, District Solan (Himachal Pradesh)
For Petitioner(s) : Mr Vineet Jain
For Respondent(s) : Mr R.S. Chundawat
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Misc. Divorce Petition No.67/2016 (Sumer Singh v.
Smt Kalpana Kanwar), pending against the petitioner before the
Family Court, Bhilwara, to the Family Court, Bikaner.
Briefly stated, marriage between the parties was solemnized
on 30.11.2012 and till date no issue is born out of the wedlock.
After the marriage, the respondent husband and his parents
started subjecting the petitioner with cruelty for demand of dowry.
The in-laws used to harass and ill-treat the petitioner physically
mentally in connection with their demand for dowry.
The petitioner was compelled to lodge a criminal complaint
against respondent his parents for offences under secs.498A,
406, 323 IPC, which was registered as FIR No.231/2015 at
(2 of 3)
Women Police Station, Bikaner, in which a charge-sheet was filed
against the respondent before the competent court. The court
took cognizance of the offences and the matter is pending trial
before learned Judicial Magistrate No.3, Bikaner. The respondent is
appearing before the aforesaid court at Bikaner. The petitioner is
not having any independent source of income and therefore,
proceedings under sec.125 CrPC against respondent was preferred
by her before Family Court, Bikaner. The respondent is appearing
in this case also.
In counter, the respondent filed a divorce petition under
sec.13 of the Hindu Marriage Act against the petitioner in the
Family Court, Bhilwara, being Civil Misc. Divorce Petition
No.67/2016 (Sumer Singh v. Smt Kalpana Kanwar). The petitioner
being a lady with no helping hand, it is very difficult for her to
attend the divorce proceedings before Family Court at Bhilwara on
each and every date of hearing.
Notices were issued and the respondent has put in
appearance. No reply has been filed on behalf of respondent.
Heard learned counsel for the parties.
On account of dowry demand, an FIR was lodged against the
respondent and a case under secs.498A, 406, 323 IPC has been
registered against him, in which trial is pending before the Judicial
Magistrate No.3, Bikaner. The respondent is appearing in that case
at Bikaner on each and every date of hearing. An application for
claiming maintenance under sec.125 CrPC is also pending against
him before Family Judge, Bikaner. In that case also the respondent
is appearing on each every date of hearing. In these
(3 of 3)
circumstances, it would not be difficult for the respondent to
attend the proceedings if the divorce petition pending at Bhilwara
is transferred to Bikaner.
In the facts and circumstances of the present case, when
two cases are already pending against the respondent at Bikaner
and the applicant lady is having no sufficient independent
source of income, convenience of the lady is to be considered 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
Accordingly, this Transfer Application is allowed and the Civil
Misc. Divorce Petition No.67/2016 (Sumer Singh v. Smt Kalpana
Kanwar), filed by the respondent for divorce under sec.13 of the
Hindu Marriage Act, pending before the Family Court, Bhilwara is
ordered to be transferred to the court of Family Court, Bikaner.
(DR. VIRENDRA KUMAR MATHUR), J.