Rajasthan High Court - Jodhpur
Sawita vs Prakash Chand on 6 July, 2017
Author: Virendra Kumar Mathur
Bench: Virendra Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 21 / 2017
Sawita W/o Sh. Prakash Chand D/o Sh. Sataynarayan, Aged About
26 Years, B/c Khatik, R/o Nokha Chandawata, Present Address
Gurlai Marg, Mandiya Road, Pali District Pali (Raj.)
----Petitioner
Versus
Prakash Chand D/o Sh. Ratanlal, Aged About 33 Years, B/c Khatik,
R/o Nokha Chandawata, Tehsil Merta, District Nagaur (Raj.)
----Respondent
_____________________________________________________
For Petitioner(s) : Mr Parvej Moyal
For Respondent(s) : none present
_____________________________________________________
HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Order 06/07/2017 This Transfer Petition under sec.24 CPC has been filed for transfer of Case No.194/2016 - Prakash Chand v. Savita filed by the respondent under sec.13-A of the Hindu Marriage Act before the Family Court, Merta, to the Family Court, Pali.
Even after service, nobody appeared for the respondent. Briefly stated, facts of this case are that the marriage of petitioner with respondent was solemnized on 14.02.1997 at Pali. The petitioner filed a criminal case, registered as Criminal Case No.20/2005 - State v. Prakash Chand & others, which is pending before the Judicial Magistrate No.1, Pali and she has also filed complaints under the Domestic Violence Act against him before the Additional Chief Judicial Magistrate, Pali, being Case No.204/2016 (Savita v. Prakash Chand) under sec.12 of the (2 of 2) [CTA-21/2017] Domestic Violence Act and Case No.205/2016 (Savita v. Prakash Chand) under sec.23 of the Domestic Violence Act.
The petitioner contended that the respondent has filed a case bearing No.194/2016 under sec.13-A of the Hindu Marriage Act before the Family Court, Merta, which was filed to counter both the cases filed by the petitioner at Pali and with intention to harass the petitioner.
Heard learned counsel for the petitioner. The petitioner is a lady and she is residing with her parents at pali. It has been argued that the respondent has threatened petitioner on many occasions to withdraw the criminal cases pending against him at Pali and she has apprehension that while going to Merta for attending the court, respondent may take revenge and may ill-treat and torture her.
It is further argued that criminal case and cases under Domestic Violence Act against the respondent are pending at Pali and the respondent has filed Divorce Petition at Merta. It is inconvenient for a lady to contest the case at a place which is far away from her present place of residence.
In the present facts and circumstances of the case, the Transfer Petition deserves to be allowed. Accordingly, the Transfer Application is allowed and the Divorce Petition No.194/2016 (Prakash Chand v. Smt Savita), pending before the Family Court, Merta, is ordered to be transferred to the Family Court, Pali.
(DR. VIRENDRA KUMAR MATHUR), J.
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