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Smt. Kalpna Kanwar vs Sumer Singh on 22 August, 2017

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

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.



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