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2017 DIGILAW 2165 (RAJ)

Sapna Tiwari v. Shivdutt Sharma (piyush Sharma)

2017-10-06

VIRENDRA KUMAR MATHUR

body2017
JUDGMENT Virendra Kumar Mathur, J. - This Transfer Application under section 24 has been filed for transfer of Case No. 453/2016 (Shivdutt Sharma vs. Smt. Sapna), pending before the Family Court, Ajmer, to the Family Court at Bikaner. 2. Briefly stated, marriage between parties was solemnized on 10.12.2006. Out of the marriage, two daughters and one son were born. The respondent started harassing her and on several occasions subjected her to domestic violence on the ground of dowry, for demand of Rs. 15 Lacs and one luxury car. The petitioner was ultimately turned out of the matrimonial home on 29.05.2016 and she is forced to live with her parents. The petitioner and her parents tried to settle through Panchayat but all efforts failed. 3. Thereafter, an FIR (No. 136 dated 02.07.2016) was lodged before Women Police Station, Bikaner against the respondent and his family members for offence under sections 498A, 406, 323, 120B, 354 IPC, in which after investigation the Police has filed challan and the case is pending for trial before learned Additional Chief Judicial Magistrate No. 3, Bikaner. An application under section 12 of the Protection of Women From Domestic Violence Act has also been filed before the learned Additional Civil Judge (SD) & Additional Chief Judicial Magistrate No. 3, Bikaner. It was also contended that the petitioner has no independent source of income for maintaining herself and her children. She has filed an application for maintenance from respondent under section 125 CrPC, 1973 which is pending before the Family Court No. 1, Bikaner. 4. The respondent Shiv Dutt has filed an application under section 9 of the Hindu Marriage Act against the petitioner before Family Court, Ajmer, which has been registered as Case No. 453/2016 and is pending before the Family Judge, Ajmer. 5. Notices were issued and even after due service, no one has appeared for the respondent. 6. Heard learned counsel for the petitioner. 7. After the marriage, two daughters and a son born out of the wedlock. On account of cruelty and domestic violence on the ground of demand of dowry for Rs. 15 Lacs and one luxury car, an FIR was lodged against the respondent and after investigation, challan was filed under sections 498A, 406, 323, 120B, 354 IPC, which case is pending for trial before ACJM No. 3, Bikaner. On account of cruelty and domestic violence on the ground of demand of dowry for Rs. 15 Lacs and one luxury car, an FIR was lodged against the respondent and after investigation, challan was filed under sections 498A, 406, 323, 120B, 354 IPC, which case is pending for trial before ACJM No. 3, Bikaner. An application under section 12 of the Protection of Women From Domestic Violence Act is also pending before the ACJM No. 3, Bikaner and proceedings under section 125 CrPC, 1973 is also pending before the Family Judge, Bikaner. 8. The petitioner has no independent source of income for maintaining herself as well as her children. It is very difficult and inconvenient for a lady to travel all alone, under the circumstances when she had no independent source of income and having three children, for contesting the case pending before the Family Judge, Ajmer. 9. In view of aforesaid and in light of judgment of Hon''ble Supreme Court in Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap reported in 2016 (4) WLN 237 (SC), it is a fit case to be transferred. 10. Accordingly, this Transfer Application is allowed and the Case No. 453/2016 (Shivdutt Sharma vs. Smt. Sapna), filed by the respondent under section 9 of the Hindu Marriage Act, pending before the Family Court, Ajmer is ordered to be transferred to the Family Court at Bikaner.