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2017 DIGILAW 1773 (RAJ)

Anuradha Jha W/o Basant Kumar Choudhary v. Basant Kumar Choudhary S/o Gauri Shankar Choudhary

2017-08-09

VIRENDRA KUMAR MATHUR

body2017
JUDGMENT : Virendra Kumar Mathur, J. 1. This Transfer Application under sec.24 CPC has been filed for transfer of Civil Misc. Case No.504/2015 (Basant Kumar v. Anuradha Jha), filed by the respondent under sec.13(1) of the Hindu Marriage Act, pending before Family Court Jaipur, to the Family Court, Bhilwara. 2. Briefly stated, marriage of the parties took place on 25.11.2012. Soon after the marriage, the respondent and his family members started harassing the petitioner for demand of dowry. Physical and mental threats were also time & again given to the petitioner. The petitioner tried her level best to settle down the things but of no avail as there was unwarranted and undue pressure by respondent and his family members. The respondent and his family members treated the petitioner inhumanly and put pressure on her to bring an amount of Rs.20 Lacs and also a Swift car. The petitioner was compelled to file an FIR against the respondent and his family members in Mahila Police Station, Bhilwara on 04.05.2015. An application under sec.9 of the Hindu Marriage Act for restitution of conjugal rights was also filed by the petitioner in the Family Court, Bhilwara. It was also contended that a complaint under sec.12 of the Protection of Women from Domestic Violence Act was filed by her against respondent. 3. In order to counter the proceedings initiated by the petitioner, the respondent filed an application under sec.13 of the Hindu Marriage Act. It was also contended that the petitioner has no independent source of income and therefore, she has filed an application under sec.125 Cr.P.C claiming maintenance from the respondent. The petitioner is facing threatening continuously by the respondent-husband and in such circumstances, it would not be possible for her to travel from Bhilwara to Jaipur on each and every date before the learned Family Judge, Jaipur. Under these circumstances, the prayer for transfer of Civil Misc. Case No.504/2015 pending in the Family Court Jaipur to the Family Court, Bhilwara is made. 4. Notices were served on respondent. The respondent has filed no reply. Heard learned counsel for the petitioner. The respondent husband has initiated proceedings at Jaipur by way filing petition under sec.13 of the Hindu Marriage Act. A petition under sec.9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the petitioner, is pending in the Family Court, Bhilwara. The respondent has filed no reply. Heard learned counsel for the petitioner. The respondent husband has initiated proceedings at Jaipur by way filing petition under sec.13 of the Hindu Marriage Act. A petition under sec.9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the petitioner, is pending in the Family Court, Bhilwara. A complaint under sec.12 of the Protection of Women from Domestic Violence Act against the respondent is also pending at Bhilwara and an application under sec.125 Cr.P.C is also pending against him before the Family Court, Bhilwara. In these circumstances, the respondent has to attend court at Bhilwara to contest all these cases whereas the petitioner has to travel all alone from Bhilwara to Jaipur on each & every date of hearing, to contest the divorce petition filed by the respondent at Jaipur. 5. In the facts and circumstance of the case, convenience of the petitioner lady is required to be considered 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 and it is a fit case to be transferred. 6. Accordingly, this Transfer Application is allowed and the Civil Case No.504/2015 (Basan Kumar v. Anuradha Jha), filed by the respondent for under sec.13 of the Hindu Marriage Act, pending before the Family Court, Jaipur is ordered to be transferred to the Family Court, Bhilwara.