HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 105 / 2015
Smt. Renu W/o Babu Lal D/o Nemi Chand, aged about 28 years,
B/c Lakhara, R/o House No.36, Subhash Nagar B, District pali
Babu Lal S/o Heera Lal, B/c Lakhara, R/o Lakharo Ka Mohalla,
Balotra, Tehsil pachpadra, District Barmer (Raj.)
For Petitioner(s) : Mr. N.A. Rajpurohit
For Respondent(s) : Mr. J.S. Khichi
JUSTICE DINESH MEHTA
The present transfer petition under Section 24 of the Code of
Civil Procedure has been filed by the petitioner, seeking transfer of
case No.137/2015 (Babu Lal Vs. Smt. Renu) from District Judge,
Balotra to learned Family Court, Pali.
Briefly stated, the facts alleged by the petitioner are that she
married as per customs at District Pali. After the marriage, the
respondent No.1 and his family members harassed the petitioner
for the dowry and ousted from the matrimonial home. Presently
(2 of 3)
the petitioner is living at Subhash Nagar in Pali. The respondent
No.1 has filed an application under Section 9 of the Hindu
Marriage Act before the District Judge, Balotra on incorrect facts.
The petitioner has also filed an application under Section 125
Cr.P.c. before the Family Court, Pali which is pending adjudication
before the learned Family Judge. The respondent Babu Lal has
also filed an appeal against the judgment dated 06.08.2015 in
Criminal Appeal No.90/2015 (State Vs. Babu Lal) against his
conviction under Sections 498-A, 406 and 323 IPC, which is
pending before the Sessions Judge, Pali.
It is also contended that the petitioner is having no
independent source of income and therefore, finding it very
difficult to go to Balotra to contest aforesaid Civil Misc. Case under
Section 9 of the Hindu Marriage Act pending before the District
Judge, Balotra. The distance between Balotra and Pali is near
about 200 Kms.
Mr. Khichi, learned counsel appearing for the respondents
strongly opposed the request for transfer.
However in view of the facts obtaining in the present case
and keeping in view that Civil Misc. Case No.24/2016 under
Sections 25 and 12 of the Guardians and Wards Act has already
been transferred to Family Court, Pali by this Court, vide order
dated 19.09.2017, it is deemed expedient and hence ordered that
the Civil Misc. Case No.137/2015 shall stand withdrawn From
District Judge, Balotra and transferred to learned Family Court,
Learned counsel for both the parties shall inform their
(3 of 3)
respective parties, to appear before the Family Court, Pali on
A copy of this order be sent to learned District Judge, Balotra
and Family Court, Pali for information and transmission of record.
(DINESH MEHTA), J.