HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 110 / 2016
Smt. Saroj Joshi D/o Shri Nageshwar Joshi w/o Shri Narendra, by
caste Brahmin, aged 23 years, r/o 46 Ramdeo Road, behind Prince
Bekari, Pali (Raj.)
—-Petitioner
Versus
Narendra Bhargav s/o Shri Kanwari Lal, by caste Brahmin, aged
27 years, r/o near Old Power House, Tehsil District Nagaur
(Raj.)
—-Respondent
__
For Petitioner(s) : Ms Deepika Vyas
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
02/08/2017

This Transfer Application under sec.24 CPC has been filed for

transfer of Civil Case No.49/2016 (Narendra v. Smt Saroj Devi),

filed by the respondent under sec.9 of the Hindu Marriage Act,

pending in the court of Additional District Judge, Nagaur, to the

Family Court, Pali.

Briefly stated, marriage between the parties was solemnized

on 15.02.2013. After few months, husband of the petitioner and

his family members started harassing the petitioner on several

occasions and subjected her to domestic violence, for demand of

dowry. The petitioner was turned out of the matrimonial home and

therefore, the petitioner was forced to live with her parents at Pali.

The petitioner field a complaint against the respondent for

offence under secs.498A, 406 323 IPC at Police Station, Pali and
(2 of 3)
[CTA-110/2016]

that complaint is still pending before competent court at Pali. An

application under sec.125 CrPC was also filed by the petitioner

against respondent, which is pending before Family Court, Pali.

The respondent has filed application under sec.9 of the Hindu

Marriage Act, seeking restitution of conjugal rights with petitioner,

before District Court, Nagaur. The petitioner is presently residing

at Pali and it is very difficult for her to appear in the District court

at Nagaur to defend in the case filed by the respondent on each

every date of hearing. The petitioner has no sufficient means and

her financial difficulty also prevents her from proper prosecution in

the proceedings pending at Nagaur. On these averments, it is

prayed that case No.49/2016 pending before Additional District

Judge, Nagaur may be transferred to the Family Court, Pali.

Notices were issued to the respondent, which were duly

served on the respondent. Even after service, no one appeared for

the respondent. Heard learned counsel for the petitioner.

On account of harassment and cruelty for demand of dowry,

the petitioner was forced to leave her matrimonial home and

presently she is living with her parents at Pali. A complaint for

offence under secs.498A, 406 323 IPC was also lodged by her

against the respondent and the criminal case is pending before

competent court at Pali. Her application filed under sec.125 CrPC

is also pending against the respondent before the Family Court,

Pali. The petitioner is a young, uneducated lady and has no

sufficient independent source of income and it is very difficult

for her to travel all alone to contest the case filed by the

respondent under sec.9 of the Hindu Marriage Act at Nagaur.
(3 of 3)
[CTA-110/2016]

In the facts and circumstances of the present case,

considering the hardship of the applicant lady, in view of the ratio

laid down by 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 Civil

Case No.49/2016 (Narendra v. Smt Saroj Devi), filed by the

respondent for restitution of conjugal rights under sec.9 of the

Hindu Marriage Act, pending before Additional District Judge,

Nagaur is ordered to be transferred to the Family Court, Pali.

(DR. VIRENDRA KUMAR MATHUR), J.

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