HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 44 / 2017
Smt. Varsha Chayal Wife of Mukesh Barad Daughter of Shree
Banshi Mohan Chayal, Aged About 31 Years, Resident of Plot No.
47, Chayal Villa, Ojhaji Ka Baag, Gandhi Nagar, Jaipur.
—-Petitioner
Versus
Mukesh Barad Son of Shree Govind Ram Ji Barad, by Caste
Jinagar, Resident of Makan No. 8/240 Dr. Sampuraanad Colony,
Near New Bus Stand Sirohi.
—-Respondent
__
For Petitioner(s) : Mr Dilip Singh Baghela
For Respondent(s) : None present
__
HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Judgment
11/07/2017
This Transfer Application under sec.24 CPC has filed seeking
transfer of Civil Misc. Case No.68/2016 (Mukesh Barad v. Smt
Varsha Chayal, filed by the respondent under sec.9 of the Hindu
Marriage Act, pending before the District Judge, Sirohi to the
Family Court at Jaipur.
Briefly stated, the marriage of the parties was solemnized on
23.11.2008 and one male child born out of the wedlock. The
petitioner was subjected with cruelty, mental agony and
harassment by her in-laws for demand of dowry. Under compelling
circumstances, the petitioner is residing with her parents at Jaipur.
She has filed an application under secs.12 23 of the
Domestic Violence Act, 2005 against the respondent, which is
pending before ACJM No.2, Jaipur Metropolitan. A criminal case
has also been filed by her against the respondent under secs.498A
and 406 IPC, which was registered at Mahila Thana, Jaipur.
(2 of 2)
[CTA-44/2017]
The respondent husband has filed an application under sec.9
of the Hindu Marriage Act for restitution of conjugal rights before
the District Judge, Sirohit, which was registered as Civil Misc. Case
No.68/2016.
Nobody has appeared for the respondent even after service.
Heard learned counsel for the petitioner.
On the facts averred in the application, it is submitted that
the petitioner is a lady and more so, she is having no sufficient
means to support herself and to incur the expenses for travelling
to defend in the case filed by the respondent husband at Sirohi.
It is true that the respondent husband is already coming to
Jaipur for defending case filed by the petitioner under secs.12
23 of the Domestic Violence Act and also the criminal case
registered under secs.498A and 406 IPC. In the facts and
circumstances of the present case, this is a fit case where the
court should look into inconvenience of the petitioner lady.
Looking to the distance between Jaipur and Sirohi, the
petitioner being a lady having young child and having no sufficient
means; it would be proper and just to allow this application for
transfer of the case filed by the respondent from Sirohi to Jaipur.
Accordingly, this Transfer Application is allowed and Civil
Misc. Case No.68/2016 (Mukesh Barad v. Smt Varsha Chayal) is
ordered to be transferred from the court of District Judge, Sirohi
to the Family Court at Jaipur.
(DR. VIRENDRA KUMAR MATHUR), J.
mma/43
