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2017 DIGILAW 1735 (RAJ)

VANDANA SHARMA WIFE OF MUKESH PANDEY v. MUKESH PANDEY SON OF YOGESH PANDEY

2017-08-04

VIRENDRA KUMAR MATHUR

body2017
JUDGMENT : Virendra Kumar Mathur, J This Transfer Application under sec.24 CPC has been filed for transfer of Civil Case No.682/2016, filed by the respondent under sec.13 of the Hindu Marriage Act, pending before the Family Court, Sriganganagar, to the Family Court, Jodhpur. 2. Briefly stated, marriage of the parties was solemnized on 23.06.1999 at Jodhpur. Out of their wedlock, a son was born 09.04.2001. It was alleged that the respondent and his family members used to harass and maltreat petitioner for demand of dowry. In February 2004, the respondent and his family members expelled the petitioner out of matrimonial house by keeping her son. Later in August 2016, with intervention of Police, the minor son was handed over to petitioner. 3. It was stated that the respondent has filed an application under sec.13 of the Hindu Marriage Act for divorce, on basis of false and vague averments. The petitioner has filed an application under sec.12 of the Domestic Violence Act before Metropolitan Magistrate No.8, Jodhpur. After filing of the application under sec.12 of the Act of 2005, the respondent has threatened that if she comes to Sriganganagar for contesting proceedings filed by him under sec.13 of the Act, she will face dire consequences. 4. It was also stated that the petitioner is a lady, having no independent source of income, there is distance of about 500 kms between Jodhpur and Sriganganagar and therefore, she is unable to appear before the Family Court, Sriganganagar to contest divorce petition filed by the respondent under sec.13 of the Act. Notices were issued to respondent and an interim order was passed staying further proceedings in the divorce petition pending before Family Court, Sriganganagar. After service of notice, power was filed on behalf of respondent on 15.04.2017. Thereafter, adjournments were sought on behalf of respondent again and again. No one has appeared on behalf of respondent today also. Heard learned counsel for the petitioner. 5. On the averments made in the application, it was stated that the petitioner was turned out of the matrimonial home by keeping custody of son. It was alleged by the respondent husband that the wife (petitioner) went at her own will to her parent's house and did not come thereafter. The respondent preferred application under sec.13 of the Act at Sriganganagar and she has threatened the petitioner not to appear before court else she will face dire consequences. It was alleged by the respondent husband that the wife (petitioner) went at her own will to her parent's house and did not come thereafter. The respondent preferred application under sec.13 of the Act at Sriganganagar and she has threatened the petitioner not to appear before court else she will face dire consequences. An application under sec.12 of the Domestic Violence Act is pending before Metropolitan Magistrate No.8, Jodhpur, in which case the respondent has to appear. The petitioner lady has no independent source of income and the distance between Jodhpur and Sriganganagar is about 500 kms. It is comparatively difficult for a woman, having no independent source of income, to travel from Jodhpur to Sriganganagar to contest divorce case filed by the respondent. 6. In the facts and circumstances of the present case, in view of the ratio laid down by Hon'ble Supreme Court in Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap, 2016 4 WLN(SC) 237, considering the hardship of the applicant lady, it is a fit case to be transferred. 7. Accordingly, this Transfer Application is allowed and the Civil Case No.682/2016 (Mukesh Pandey v. Smt Vandana Sharma), filed by the respondent for under sec.13 of the Hindu Marriage Act, pending before the Family Court, Sriganganagar is ordered to be transferred to the Family Court, Jodhpur.