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2017 DIGILAW 1481 (RAJ)

POOJA MODI v. NAVIN MODI

2017-07-05

VIRENDRA KUMAR MATHUR

body2017
JUDGMENT : Virendra Kumar Mathur, J. This Transfer Application under section 24 CPC has been filed in respect of Civil Misc. Case No.81/2016 (Navin Modi v. Smt Pooja), filed by the non-application under section 13 of the Hindu Marriage Act, pending before the Family Court, Tonk, for transfer to the Family Court at Rajsamand. 2. Briefly stated, the marriage of the applicant was solemnized with the non-applicant on 19.01.2012. On demand of dowry by non-applicant & the in-laws at the evil advise, the applicant went to her parental house. It is submitted that due to harassment and dowry demands, a complaint was lodged by the applicant against the non-applicant and his family members under sections 498A and 406 IPC. An application was also filed by her under sections 12 & 23 of the Domestic Violence Act, which is still pending in the court of MJM, Rajsamand. 3. The non-applicant, in counter blast and to harass the applicant, moved an application for divorce under section 13 of the Hindu Marriage Act, which was registered as Civil Misc. Case No.81/2016 Navin Modi v. Smt Pooja before District & Sessions Judge, Tonk. Later on, this divorce application was transferred to the Family Court, Tonk. 4. It is submitted that the applicant is presently residing at Rajsamand. It is also stated that recently the applicant was threatened by relatives of the non-applicant, who has filed a case at Tonk, that they will see how she enters in court campus at Tonk. In the circumstances, the applicant can not go to Tonk along with her minor daughter to attend the case. The applicant is residing at Rajsamand, which is 250 kms from Tonk, she is a young lady and it is also stated that nobody is in a position to travel with her to Tonk. 5. The counsel for the non-applicant argued that there is no ground for transferring the case from one court to another only because the lady has a young child and that the distance between two places is less than 300 kms. In support of his arguments, he placed reliance on judgment of this Court in S.B. Civil Transfer Application No.87/2015 (Smt Parwati Sharma v. Pawan Kumar) decided on 03.11.2016. 6. Heard learned counsel for the parties. 7. In support of his arguments, he placed reliance on judgment of this Court in S.B. Civil Transfer Application No.87/2015 (Smt Parwati Sharma v. Pawan Kumar) decided on 03.11.2016. 6. Heard learned counsel for the parties. 7. The counsel for the applicant has placed reliance on judgment of Hon'ble Supreme Court in Sunita Singh v. Kumar Sanjay & others and Smt Kanchan Tewari v. Vinod Kumar Tewari, wherein it was held that convenience of wife in transferring matrimonial dispute cases is of paramount importance. He further placed reliance on recent judgment of Hon'ble Supreme Court in Transfer Petition (Civil) No.1912/2014 : Krishna Veni Nagam v. Harish Nagam decided on 09.03.2017. 8. The criminal case No.322/2015 under sections 498A & 406 IPC against the non-applicant is pending in the court of Judicial Magistrate, Rajsamand. The application under sections 12 & 23 of the Domestic Violence Act against the non-applicant is also pending before the Judicial Magistrate, Rajsamand. 9. In the facts and circumstances, it is a fit case where convenience of the lady applicant is to be considered, specially when two cases, one under sections 498A & 406 IPC and other under Domestic Violence Act, against the non-applicant are pending at Rajsamand. The applicant is residing at Rajsamand with her minor child. In view of the circumstances, in the opinion of this Court, it is a fit case for accepting the prayer for transfer of the case from Family Court, Tonk to Family Court, Rajsamand. 10. The Transfer Application is allowed and it is ordered that the Misc. Case No.81/2016 (Navin Modi v. Smt Pooja), filed by the non-applicant, be transferred from the Family Court, Tonk to the Family Court, Rajsamand.