HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 143 / 2016
Smt. Leena W/o Sunit Dutt, D/o Late Mahanand Sharma, Aged
About 35 Years, R/o Ray Colony, Barmer City, District- Barmer
(Raj.)
—-Petitioner
Versus
Sunil Dutt S/o Vishnu Dutt, Aged About 39 Years, R/o K-4 In Front
of Shiv Temple, Madhu Newas, Kishanganj Ajmer
—-Respondent
__
For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Manoj Joshi
__
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
17/04/2017
1. Petitioner has preferred this transfer petition seeking transfer
of matrimonial case pending before Family Court Judge, Ajmer to
the Court of Additional District Judge, Barmer.
2. It is contended by the counsel for the petitioner that wife has
filed a petition under Section 125 of Cr.P.C. which is pending
before Chief Judicial Magistrate, Barmer and an application under
Section 25 of the Guardian and Wards Act, which is pending
before the Additional District Judge, Barmer.
3. It is contended that the divorce petition filed by the
respondent husband be transferred to Barmer.
4. Counsel for the petitioner has placed reliance on 2017 DNJ
(2 of 3)
[CTA-143/2016]
(SC) “Krishna Veni Nogom vs. Harish Nogom” and 2016 (4)
WLN 237 (SC) 237 “Vaishali Shridhan Jogtop vs. Shridhan
Vishwanath Jogtop”.
5. Counsel for the respondent has opposed the transfer
application. His contention is that the application for divorce was
filed by the respondent husband on 26.05.2016 and it is only
thereafter that application under Section 125 Cr.P.C. and
application under Section 25 of Guardian and Wards Act was filed
by the applicant wife. It is also contended that the applicant is
looking after his son who is
ten years of age and who is suffering from Bronchial Asthama. It
is also contended that the mother of respondent is also a heart
patient and therefore it is not possible for the respondent to attain
the proceedings at Barmer.
6. Counsel for the respondent has place reliance on AIR 2016
Supreme Court 4833 “Amandeep Goyal vs. Yogesh Rani“.
7. I have considered the contentions.
8. The marriage of the parties took place in the years 2006 and
son Saransh was born out of the wedlock 22.10.1017. Petitioner is
living separately from her husband since 2014. Respondent
husband filed an application on 26-05.2016 which is pending
before the Additional District Judge, Barmer. From the documents
produced by the respondent, it is appearing that Saransh is
suffering from Bronchial Asthama and mother of the respondent is
also a heart patient who had a minor heart attack in the year
2013.
9. The facts of the present case are almost akin to the case
(3 of 3)
[CTA-143/2016]
before the Supreme Court “Amandeep Goyal vs. Yogesh Rani”
(supra).
10. The child who is with the respondent is suffering from
Bronchial Asthma, the mother of the respondent is also a heart
patient, Considering the same, the petition which was filed prior to
the filing of the application under Section 125 of the Cr. P.C and
application under Section 25 of the Guardian and Wards Act
deserves to be rejected.
11. Consequently, the transfer petition is dismissed. Stay
application also stands disposed of.
(PANKAJ BHANDARI), J.
Arti/12
