HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 109 / 2017
Smt. Monika Wife of Shri Vikas Kumar Daughter of Shri Sriram,
Aged About 24 Years, By Caste Prajapat, Resident of Bhojlai Bas,
Sand Chowk, Sujangarh, Disrict Churu At Present Residing At
Gudha Gorji, Tehsil District Jhunjhunu.
—-Petitioner
Versus
Vikas Kumar Son of Shri Dilip Kumar, By Caste Prajapat, Resident
of Bhojlai Bas, Sand Chowk, Ward No. 32, Near New Middle
School, Sujangarh, District Churu.
—-Respondent
__
For Petitioner(s) : Mr S.K. Punia
For Respondent(s) : Mr Nishant Bora
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
11/10/2017
This Transfer Application under sec.24 CPC has been filed for
transfer of Divorce Petition No.03/2016 (Vikas Kumar v. Smt
Monika) pending in the court of Additional District Judge,
Sujangarh District Churu to court of competent jurisdiction at
Jhunjhnu i.e. Family Court, Jhunjhunu.
Briefly stated, marriage of the parties was solemnized on
30.01.2005. The respondent by way of petition under sec.13 of
the Hindu Marriage Act has sought decree for dissolution of the
marriage, which is pending adjudication before learned Additional
District Judge, Sujangarh District Churu.
The petitioner has further stated that after the marriage, the
respondent and his family members started harassing and
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torturing her on the ground of demand of dowry. They even got
done her abortion by administering medicine while keeping her in
dark, due to which her condition became bad. Thereafter, on
12.02.2016, the petitioner was beaten by the respondent and his
family members for demand of dowry and she was ousted from
the matrimonial home. Under the circumstances, an FIR
No.142/2016 was lodged by the petitioner at Police Station, Gudha
Gorji, District Jhunjhunu for offence under secs.498A, 406, 315,
313, 384 120B IPC. After investigation, challan was filed against
them and a case is pending trial before court of Judicial
Magistrate, Udaipurwati, District Jhunjhunu.
The petitioner has also filed an application for claiming
maintenance under sec.125 CrPC against the respondent, which is
pending before the Judicial Magistrate, Udaipurwati, District
Jhunjhunu. It was further alleged that the petitioner is a poor lady,
22 years of age and presently residing with her parents. There is
no one in the family to escort hear for attending the court
proceedings before learned Additional District Judge, Jhunjhunu
and in fact, it is very difficult for the petitioner to travel all alone a
distance of near about 150 kms to attend the court. The
respondents are influential persons and threatening the petitioner
for compromise in the criminal case, failing which she has to face
dire consequences and there is no safety for her life liberty while
going to Sujangarh to attend the divorce case.
Notices of the Transfer Application were served. After due
service, power was filed for the sole respondent.
Heard learned counsel for the parties.
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After the marriage, the respondent and his family members
started harassing and torturing the petitioner for demand of
dowry. She was beaten and even got done abortion by
administering medicine by keeping her in dark. Thereafter, on
12.02.2016, she was beaten on ground of demand of dowry and
also ousted from the matrimonial home. Under the circumstances,
an FIR was lodged by the petitioner against the respondent and
his family members for offence under secs.498A, 406, 313, 315,
384 and 120B IPC, in which after investigation, challan was filed
before court of competent jurisdiction and the case is pending trial
before learned Judicial Magistrate, Udaipurwati, District
Jhunjhunu. A petition under sec.125 CrPC is also pending against
the respondent before the learned Judicial Magistrate, Udaipurwati
District Jhunjhunu. The petitioner is having no source of income
and has to travel all alone a distance of near about 150 kms, to
attend the proceedings of divorce petition filed by the respondent
before the Additional District Judge, Sujangarh District Churu.
It was also alleged that the respondents are influential
persons and they are threatening and pressurizing the petitioner
for compromise in criminal case, otherwise she would have to face
dire consequences and thus, there is no safety for life and liberty
to the petitioner while going from Gudha Gorji to Churu to attend
proceedings of the divorce petition.
Learned counsel for the respondent while denying allegations
in the Transfer Petition argued that the respondent is ready to pay
all travel and stay expenses on every occasion and the petitioner
be required to come to Churu and there would be no
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inconvenience to the petitioner if she comes to attend the case at
Churu court. In support of his submissions, he relied on decisions
of Supreme Court in Transfer Petition (Civil) No.66/2003 (Kakulita
Sinha v. Sukumar Sinha decided on 25.08.2003, in Transfer
Petition (Civil) No.23/2005 (Reema Sethi v. Deepak Sethi) decided
on 25.04.2005, Transfer Petition (Civil) No.117-118/2004 (Preeti
Sharma v. Manjit Sharma) decided on 29.04.2005, wherein
transfer petitions were dismissed where husband was ready to pay
expenses for travel and stay to the wife.
In the present case, even if the travel expenses are paid by
the respondent, the allegation of the petitioner is that the
respondent is influential person and she is facing threats and
pressure by the respondent for compromising in the criminal case,
otherwise she will have to face dire consequences. She
apprehends threat to her life liberty.
In view of this and in light of judgment of Hon’ble Supreme
Court in Vaishali Shridhar Jagtap v. Shridhar Vishwanath
Jagtap reported in 2016 (4) WLN 237 (SC), it is a fit case to be
transferred.
Accordingly, this Transfer Application is allowed and the
Divorce Petition No.03/2016 (Vikas Kumar v. Smt Monika), filed by
the respondent under sec.13 of the Hindu Marriage Act, pending
before the Additional District Judge, Sujangarh District Churu is
ordered to be transferred to the Family Court, Jhunjhunu.
(DR. VIRENDRA KUMAR MATHUR), J.
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