HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 67 / 2017
Smt. Sarika Meena W/o Shri Pankaj Meena D/o Shri Chandra
Prakash Meena, age 30 years, R/o 1-I-21, near Shiv Jyoti Convent
Government School, Mahaveer Nagar Vistar Yojana, Kota (Raj.)
—-Petitioner
Versus
Shri Pankaj S/o Shri Ranjeet Meena, R/o Jyoti Colony, Uccha Tehsil
Jahajpur at present Village Suvana, Tehsil Suvana, District-
Bhilwara
—-Respondent
__
For Petitioner(s) : Mr. Ramniwas Choudhary
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
01/09/2017
This S.B. Civil Transfer Application was filed under Section 24
of Civil Procedure Code 1908 for transferring the Case
No.217/2016 (441/2015) Pankaj Vs. Smt. Sarika Meena, pending
before Family Court, Bhilwara to Family Court, Kota.
Briefly stated, after the marriage, the respondent started
harassing and petitioner for demand of dowry on this complaint
under Section 498A, 406 IPC against the respondent was filed
before Judicial Magistrate No.3 Kota. After investigation challan
was filed against the respondent and trial is pending before Addl.
Judicial Magistrate No.2 (North), Kota.
The petitioner has also filed a complaint under Section 12 of
the Protection of Women from Domestic Violence Act, 2005
against the respondent before the Judicial Magistrate No.5, Kota.
(2 of 3)
[CTA-67/2017]
In counter blast respondent has also filed an application
under Section 9 of the Hindu Marriage Act 1955 against the
petitioner for Restitution of Conjugal Rights before the Family
Court, Bhilwara and the same is pending.
It was contended that father of the petitioner is agriculturist
and her brothers are in Government Job and petitioner’s mother is
a house wife.
In these circumstances, it is very difficult for her to travel all
alone to contest the case before Family Court, Bhilwara and she is
also receiving regular threatening from respondent-husband.
There is no one to go along with her. The notices sent to
respondent received duly served but no one has appeared on
behalf of the respondent.
Heard learned counsel for the petitioner. After the marriage
the relation between the parties did not remain cordial.
Respondent started harassing her and always demanded dowry
from her parents. On this complaint under Section 498A, 406 IPC
was filed against the respondent before the Judicial Magistrate
No.3, Kota. After investigation challan was filed and trial is
pending before the Addl. Judicial Magistrate No.2, Kota. One
complaint under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 against the respondent has also been
filed which is pending before the Judicial Magistrate No.5, Kota.
In counter blast an application under Section 9 of the Hindu
Marriage Act 1955 for restitution of conjugal rights has been filed
by the respondent. Presently, the petitioner is living with her
parents and the father of the petitioner was said to be agriculturist
(3 of 3)
[CTA-67/2017]
and her brothers are in Government Job. Under these
circumstances it is not convenient for her to go all alone to contest
petition pending before Family Court, Bhilwara on each date of
hearing.
In the facts and circumstances of the present case, the
inconvenience of petitioner lady has to be taken into
consideration. In view of the ratio of the judgment of Hon’ble
Supreme Court in Vaishali Shridhar Jagtap Vs. Shridhar
Vishwanath Jagtap reported in 2016 (4) WLN 237 (SC) and it
is a fit case to be transferred.
Accordingly, this Transfer Application is allowed and the Civil
Misc. Case No.217/2016 (441/2015) (Pankaj Vs. Smt. Sarika
Meena) filed by the respondent for restitution of conjugal rights
under Section 9 of the Hindu Marriage Act, pending before the
Family Court, Bhilwara is ordered to be transferred to the Family
Court, Kota.
(DR. VIRENDRA KUMAR MATHUR), J.
Ravi Kh./21
