Rajasthan High Court
Shalini Sharma W/O Lochan Tiwari ... vs Lochan Tiwari S/O Shri Satish ... on 18 August, 2021
Bench: Manoj Kumar Vyas
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
(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
(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.
Hemant/9
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