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Smt. Renu vs Babu Lal on 19 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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
(Raj.)

—-Petitioner

Versus

Babu Lal S/o Heera Lal, B/c Lakhara, R/o Lakharo Ka Mohalla,
Balotra, Tehsil pachpadra, District Barmer (Raj.)

—-Respondent

__
For Petitioner(s) : Mr. N.A. Rajpurohit
For Respondent(s) : Mr. J.S. Khichi
__
JUSTICE DINESH MEHTA
Judgment
19/01/2018

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)
[CTA-105/2015]

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,

Pali.

Learned counsel for both the parties shall inform their
(3 of 3)
[CTA-105/2015]

respective parties, to appear before the Family Court, Pali on

26.02.2018.

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.

anurag/8

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