HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 101 / 2016
Smt Reetu w/o Shri Mahendra Puri D/o Shri Yashpal Giri, by caste-
Goswami, aged about 35 years, r/o 8-G-5, Jawaharnagar, Sri
Ganganagar (Raj.)
—-Petitioner
Versus
Mahendra Puri s/o Shri Jagdish Puri, by caste Goswami, aged
about 36 years, r/o Ghata Mahandipur Balaji, Teshil Sikarai,
District Dausa (Raj.)
—-Respondent
__
For Petitioner(s) : Mr Trilok Joshi
For Respondent(s) : Mr Kan Singh Oad
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
10/11/2017
This Transfer Application under sec.24 CPC has been filed for
transfer of Civil Misc. Case No.7/2016 {Mahendra Puri v. Reetu)
filed by respondent under sec.13 of the Hindu Marriage Act,
pending before the Additional District Judge, Bandikui, District
Dausa to court of District Judge, Sri Ganganagar.
Briefly stated, marriage between the parties was solemnized
around 12 years ago at Sri Ganganagar and out of the wedlock,
one female child born and she is also living with the applicant at
Sri Ganganagar. It was also contended that previously a Transfer
Application {Smt Reetu v. Mahendra Puri} was filed in the year
2010 and the same was allowed by the High Court vide order
dated 01.07.2011. After order of the High Court, the parties
entered into compromise and settled their dispute on 25.06.2015
(2 of 4)
[CTA-101/2016]
and the suit pending before Family Court, Sriganganagar was
withdrawn. On 11.04.2016, the respondent Mahendra Puri moved
a fresh application under sec.13 of the Hindu Marriage Act before
Additional District Judge, Bandikui against the applicant, on same
repeated grounds.
It was contended that presently daughter of the petitioner is
studying in Good Shepherd Public School, Sri Ganganagar in
Class-V. The respondent has deserted the petitioner and she was
also maltreated for demand of dowry. Ultimately, due to
harassment, she lodged a criminal prosecutions against the
respondent under secs.498A IPC and also under the provisions of
the Domestic Violence Act, which are pending adjudication in
different courts at Sri Ganganagar. The applicant, who is living at
Sri Ganganagar with her old parents has numerous difficulties and
has bona fide reasons to get the matter transferred to the Family
Court, Sri Ganganagar.
Notices were issued to the respondent, which were duly
served and a reply has been filed on behalf of the respondent. It
was averred by respondent in the reply that the petitioner has
filed 3 different cases against him, out of which 2 cases are also
pending adjudication at Dausa. It was also contended that this
Court in Criminal Misc. Transfer Petition No.07/2016 vide order
dated 29.09.2016 directed to send record of Criminal Case
No.535/2010 {State v. Mahendra Puri} to the court of Chief
Judicial Magistrate, Dausa and placed on record copy of order
dated 29.09.2016 as Annx.R/1. It was further contended that
similarly yet another case filed by the petitioner against the
(3 of 4)
[CTA-101/2016]
respondent for domestic violence was also transferred to Dausa by
this Court vide order dated 05.05.2017 passed in Cr. Misc.
Transfer Petition No.13/2016 and copy of the order dated
05.05.2017 is placed on record as Annx.R/2.
It was also mentioned that the Additional Chief Judicial
Magistrate, Sri Ganganagar in Cr. Case No.524/2009 filed by the
petitioner under secs.12, 17, 19 31 of the Protection of Women
from Domestic Violence Act directed the respondent to provide
accommodation for the petitioner, which the respondent has duly
complied with and has provided Rooms No.5 6 in Hanumant
Yatri Niwas at Dausa. The petitioner has been residing at Dausa
yet with ill-intention only for the purpose of harassing the
respondent she has filed this Transfer Petition. A copy of the order
dated 03.02.2015 is also placed on record as Annx.R/3. It was
also contended that the respondent is suffering from severe ailing
condition as his liver has completely damaged and he is
undergoing treatment at Delhi and placed on record copies of
prescriptions and medical reports as Annx.R/4.
Heard learned counsel for the parties.
The respondent has admitted that earlier Divorce Petition
filed by him was withdrawn because the parties agreed to settle
the matter out of the court. Later on, the circumstances changed
and he again filed a petition under sec.13 of the Hindu Marriage
Act and further stated that in compliance of order passed in Cr.
Case No.524/2009 filed by petitioner under secs.12, 17, 19 31
of the Protection of Women from Domestic Violence Act, he has
provided accommodation to the petitioner in Rooms No.5 6 of
(4 of 4)
[CTA-101/2016]
Hanumant Yatri Niwas at Dausa and since then the petitioner is
residing at Dausa with her daughter. The respondent denied the
facts relating to harassment and it was contended that the
petitioner has filed 03 different cases against the respondent, out
of which 02 are also pending at Dausa and in Cr. Misc. Transfer
Petition No.7/2016 by order dated 29.09.2016 this Court directed
to send record of the Cr. Case No.535/2010 (State v. Mahendra
Puri) to the court of Chief Judicial Magistrate, Dausa and another
case filed under Domestic Violence Act against the respondent was
also ordered to be transferred to Dausa by this Court vide order
dated 05.05.2017 passed in Cr. Misc. Transfer Petition
No.13/2016.
In view of the fact that two cases are already pending for
adjudication at Dausa, there is no occasion to get third case filed
under sec.13 of the Hindu Marriage Act, which is also pending
adjudication at Dausa, be transferred to Sri Ganganagar. There is
no ground made out for transfer of Case No.07/2016 (Mahendra
Puri v. Reetu) under sec.13 of the Hindu Marriage Act pending in
the court of Additional District Judge, Bandikui. The Transfer
Application is dismissed.
(DR. VIRENDRA KUMAR MATHUR), J.
mma/24