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Smt. Kirti Paliwal vs Kuldeep Joshi on 25 July, 2017

S.B. Civil Transfer Appl. No. 13 / 2017
Smt. Kirti Paliwal W/o Shri Kuldeep Joshi, D/o Shri Mahesh
Chandra Paliwal, Aged About 29 Years, R/o – Plot No. -27,
Indraprasth Nagar-C, Hiran Magri, Sector No. 14, Udaipur,
Presently R/o Dhora Mohalla, Pipali Chabutra Kankroli, Tehsil
Rajsamand, P.S. Kankroli, Distt. Rajsamand
Kuldeep Joshi S/o Shri Ramesh Chandra Ji Joshi, Aged About 29
Years, R/o House No. -27, Indraprasth-C, Hiran Magri, Sector No.
-14, Udaipur.
For Petitioner(s) : Mr Love Jain on behalf of Mr Deepak Menaria
For Respondent(s) : Mr Shambhoo Singh

This Transfer Application under sec.24 CPC has been filed

praying for transferring Civil Original Case No.636/2016 (Kuldeep

Joshi v. Smt Kirti), filed by the respondent for dissolution of the

marriage, pending before the Family Court, Udaipur, to the Family

Court, Rajsamand.

Briefly stated, marriage of the parties was solemnized on

30.11.2012. Soon after the marriage, the petitioner was harassed

by the respondent and his family members for demand of dowry.

An FIR was lodged by the petitioner on 12.06.2013 for offence

under secs.498A, 406, 354 IPC at Mahila Police Station,

Rajsamand. It is contended that during investigation in the

aforesaid FIR, the respondent with ulterior motive made
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compromise with the petitioner but thereafter the respondent

again started harassing her and she was ousted from the

matrimonial home and presently, she is residing at Kankroli.

It was also stated that on 22.09.2016 the respondent filed

an application under sec.13 of the Hindu Marriage Act before the

Family Court, Udaipur. The petitioner also filed an application

under sec.12 of the Protection of Women from Domestic Violence

Act, 2005 before learned Judicial Magistrate, Rajsamand. She has

also filed an application under sec.125 CrPC before the Family

Court, Rajsamand. It was stated that both the aforesaid

applications against the respondent are pending at Rajsamand and

she being a lady, is facing difficulties in attending court at Udaipur

to defend herself in the divorce case filed by the respondent.

Reply to the Transfer Application has been filed by the

respondent and it was stated that presently the petitioner ;is

residing at house of Kamla Paneri w/o Kailash Paneri, 26/57,

Kartikey Society, Dholi Magri, Mayur Van, Paneriyon-ki-Madari,

Police Station Sector No.6, Udaipur and she is also doing job

though M/s Mansi Associates in the Industrial Training Institute,

Pratapnagar, Udaipur.

It is further stated that the respondent has sought

information from the Principal, ITI, Pratap Nagar, Udaipur

regarding her employment, salary etc and it was informed that

she is employee of M/s Mansi Associate, Udaipur. The facts of

harassment and ill-treatment are stated to be false. It was also

stated that before filing the Divorce Petition, the petitioner was

harassing and threatening for blackmailing for committing suicide
(3 of 4)

and also beating him. On this, the respondent approached the

Inspector General of Police, Udaipur on 15.09.2016 for submitting

a complaint in this regard and also approached concerned Police

Station as well as the Superintendent of Police, Udaipur. On the

direction of the S.P., Udaipur the complaint of the respondent was

registered at No.77/2016. On that complaint, after making inquiry

and recording statement of witnesses, case under sec.107/116(3)

CrPC has been submitted by Police before Sub Divisional

Magistrate, Girwa (Udaipur) and the petitioner was summoned by

issuing notice.

It was also stated that the petitioner lodged an FIR against

the respondent and his parents at the Police Station, Kankroli on

03.11.2016, which was registered at Mahila Police Station,

Rajsamand as FIR No.Zero/2016, which was transferred to Mahila

Police Station, Udaipur and has been registered as FIR

No.193/2016. In that FIR (No.193/2016), after investigation, the

Police has filed charge-sheet only against the respondent under

secs.498A 406 IPC, which is pending trial before the Additional

Chief Judicial Magistrate, Udaipur.

On the facts mentioned in the reply, it was contended that

the Transfer Application has been filed by the petitioner only to

harass the respondent.

Heard learned counsel for the parties.

In this case, the petitioner has sought transfer of only one

case, being Civil Original Case No.636/2016 (Kuldeep Joshi v. Smt

Kirti), pending before the Family Court, Udaipur whereas in reply

to the Transfer Application, it is submitted by the respondent that
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the petitioner is presently residing at Udaipur, she is also doing job

at M/s Mansi Associate, Udaipur through Industrial Training

Institute, Udaipur. A copy of the information obtained from the

ITI, Udaipur under Right to Information Act has also been

submitted as Annx.R/2 along with the reply, wherein it was stated

that Smt Kirti is an employee of M/s Mansi Associate, Udaipur. It

means that presently she is residing at Udaipur. The criminal case

lodged by the petitioner at Kankroli, Rajsamand registered under

secs.498A and 406 IPC, has also been transferred to Mahila Police

Station, Udaipur and pending trial before the Additional Chief

Judicial Magistrate, Udaipur.

In view of these facts and circumstances, no ground is made

out for transfer of the Divorce Petition from Family Court, Udaipur

to Family Court, Rajsamand. The Transfer Application filed by the

petitioner is dismissed.



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