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2005 DIGILAW 2349 (RAJ)

Samta v. Sanjay Kumar Sharma

2005-09-02

PRAKASH TATIA

body2005
Judgment Prakash Tatia, J.-Heard learned Counsel for the parties. 2. The petitioner has submitted an application seeking transfer of petition filed under Section 12 of the Hindu Marriage Act, 1955 which is pending in the Court of Additional District Judge, Deedwana. According to learned Counsel for the petitioner, she is residing in village Nayan, Tehsil Shahpura, District Jaipur. The Court is situated 250 Kms. away from the village of the petitioner and she can go to the Deedwana only by picking up three buses. She has minor child with her. To reach the Court of Deedwana, she has to start a day earlier for earily hearing to attend the Court at Deedwana. Learned Counsel for the petitioner also submitted an application under Section 24 Hindu Marriage Act at Deedwana and she also instituted a petition under Section 125 CrPC. Which is in the Family Court, Jaipur. 3. The petitioner narrated the facts relating to the inconvenience which she is facing. She also stated that she had no source of income and, therefore, is not in a position to contest the case. Application filed by the petitioner under Section 125 CrPC is pending in the Family Court No. 2, Jaipur. 4. Non-petitioner submitted reply to the transfer petition and leveled serious allegation against the petitioner and submitted that there is serious enmity between the non-petitioner and the family members of the petitioner. The petitioner is seeking transfer of the case at Jaipur because of the reason that her two real brothers are residing at Jaipur who already maltreated the non-petitioner and non-petitioner faced filthy buses from them and, therefore, non-petitioner has apprehension that in case the non-petitioner will go to Jaipur than petitioners family members may cause physical harm to the non-petitioner. Learned Counsel for the non-petitioner vehemently submitted that the petitioner engaged Advocate to conduct the case at Deedwana and took time from the trial Court on several occasions thereafter, after about one year the petitioner filed the petition under Section 125 CrPC at Jaipur despite the fact that she could have filed the said petition in any Court near to her village but she filed the petition under Section 125 CrPC only for creating ground for seeking transfer of the case from Deedwana to Jaipur where her two brothers are residing. Learned Counsel for the non-petitioner in the alternative submitted that the transfer of the case may be ordered anywhere in Rajasthan but not in Jaipur, looking to threats from the family members of the petitioner. 5. I considered the submissions of learned Counsel for the parties and perused the facts of the case. Since, there are serious allegation in the petition filed by the non-petitioner under Section 12 of Hindu Marriage Act, against the petitioner, therefore, there is possibility of ill-will between the two families but at the same time in case, the case is not transferred from the Court at Deedwana there is every livelihood that the petitioner may not be in a position to conduct the case properly. She will have to travel by the bus and she will have to change the buses thrice. She will have to leave her village a day earlier to attend the case at Deedwana. At Jaipur the petitioners two brothers are residing where she can conveniently live and conduct the case also. Asking petitioner to go at other places where she may not have any place even for saying for even short period then that will be no relief to the petitioner. 6. So far apprehension of the non-petitioner, he can certainly move appropriate application at Family Court at Jaipur also, apart from moving the application before the concerned police authorities for grant of security. 7. In these circumstances it is just and proper to transfer the case at a place where the parties reside. 8. In view of the above discussion the transfer petition is allowed. Petition filed under Section 12 Hindu Marriage Act at Deedwana having No. 1/2003 Sanjay Sharma vs. Smt. Samta Sharma pending in the Court of Additional District Judge, Deedwana is withdrawn from that Court and is transferred to the Court of Family Judge, Jaipur No. 2 for deciding the petition in accordance with law. Both the parties shall appear before the Family Court Jaipur, on 26.09.2005.