HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 116/2020
Shalini Sharma W/o Lochan Tiwari D/o Pramod Sharma, R/o Sai
Vihar Colony, Gulab Bari, Ajmer
----Applicant/Petitioner
Versus
Lochan Tiwari S/o Shri Satish Kumar, R/o 7 Mayur Vihar,
Opposite Malviya Nagar, Alwar
----Non-Applicant/Respondent
For Petitioner(s) : Mr. Ajay Singh, Advocate through VC For Respondent(s) : Mr. Dharmendra Joshi, Advocate with Mr. Manoj Kumar, Advocate HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order Date of Pronouncement : 18.08.2021 Petitioner/applicant has filed this transfer application under Section 24 of CPC with the prayer that the Divorce Petition No.38/168/2020 titled as Lochan Tiwari v. Shalini Sharma, pending before Family Court No.1, Alwar, be transferred to Family Court, Ajmer.
It has been submitted that the petitioner/applicant is a permanent resident of Ajmer (Rajasthan). Non-petitioner/husband is a permanent resident of district Alwar (Rajasthan). Marriage of the parties was solemnized on 10.03.2019 at Alwar. Soon after the marriage, the petitioner/applicant was subjected to cruelty. The petitioner/applicant had lodged a complaint which culminated into registration of FIR No. 137/2020, Police Station Mahila, Ajmer. In counter-blast, divorce petition was filed by the non- petitioner/husband in Family Court, Alwar. The divorce petition has (Downloaded on 25/08/2021 at 09:34:55 PM) (2 of 3) [CTA-116/2020] been filed on false and frivolous grounds. The petitioner/applicant is under bona fide apprehension that there is serious threat to her life if she travels for attending the Family Court, Alwar in relation to the divorce petition filed by the respondent. The petitioner/applicant would not be able to defend her case properly before the Family Court, Alwar as she cannot travel alone and it would cause grave deprivation of justice to the petitioner/applicant. Hence, it is prayed that the divorce petition filed by the respondent/husband pending before Family Court No.1, Alwar, be transferred to the Court of competent jurisdiction at Ajmer/Family Coury.
Reply has been filed by the respondent, in which it has been submitted that the allegations levelled against the respondent, are false, frivolous and baseless. No demand of dowry was made, rather by leveling false and frivolous allegations in the FIR. Mental cruelty has been caused to the non-petitioner. After due investigation in the FIR filed by the petitioner/applicant, the police has filed negative final report with regard to offence under Sections 376, 377 and 354 of IPC and the charge-sheet has only been filed under Sections 498A and 406 of IPC. Copy of the charge-sheet has been placed on the file.
Perused the written submissions filed on behalf of the respondent. In support of his arguments, learned counsel for the respondent has submitted following judgments :-
(i) Joydeep Majumdar v. Bharti Jaiswal Majumdar (2021) 3 SCC 742
(ii) Amruta Ben Himanshu Kumar Shah v. Himanshu Kumar Pravinchandra Shah AIR 2021 SC 688
(iii) Anjali Brahmawar Chauhan v. Navin Chauhan [Transfer Petition (Civil) No.1252/2016], decided on 22.03.2017 (Downloaded on 25/08/2021 at 09:34:55 PM) (3 of 3) [CTA-116/2020] It has been further argued that the petitioner/applicant may be given opportunity to appear through video conferencing in the case pending before Family Court, Alwar. Hence, there is no need to transfer the divorce petition from Alwar to Ajmer.
Heard learned counsel for the parties and perused the record of the case.
Admittedly, the petitioner/wife is permanent resident of Ajmer. The divorce petition has been filed in Family Court, Alwar by the respondent/husband. In the facts and circumstances of the case, it would be just and proper to transfer the divorce petition from Alwar to Ajmer.
Therefore, the transfer application is allowed and the divorce petition No.38/168/2020, pending before Family Court No.1, Alwar, is directed to be transferred to Family Court, Ajmer.
A copy of this order be sent to both the concerned Family Courts.
Parties are directed to appear before the Family Court, Ajmer, on 08.09.2021.
(MANOJ KUMAR VYAS), J.
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