Rajasthan High Court - Jodhpur
Anju Boyal vs Ravindra Kumar on 7 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl.misc.trnfr.pet. No. 1/2021
Anju Boyal D/o Ridhkaran Boyal, Aged About 34 Years, R/o H.no.
A-1270, Bapu Nagar, P.s. Pratap Nagar, Bhilwara (Raj.).
----Petitioner
Versus
Ravindra Kumar S/o Shyoram Meghwal, Aged About 41 Years, R/
o Nizampura Tan Ojtu, Teh. Chirawa, Dist. Jhunjhunu (Raj.).
----Respondent
For Petitioner(s) : Mr. Pushkar Taimini for
Mr. Sanjay Nahar
For Respondent(s) : Mr. Nishit Shah
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Learned counsel for the petitioner has shown the judgment
rendered by this Hon'ble Court for the same petitioner in Anju
Boyal Vs. Ravindra Kumar (S.B. Civil Transfer Petition
No.87/2020) decided on 11.03.2022, which reads as under:
"The instant petition under Section 24 of the Code of
Civil Procedure has been filed by the petitioner - wife seeking
transfer of petition filed against respondent - husband under
Section 9 of Hindu Marriage Act, presently pending in the
court of Additional District Judge - Family Court, Chirawa,
Jhunjhunu to the Family Court, Bhilwara.
Averments made in the petition are as under:-
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Petitioner -wife got married with the respondent -
husband in the year 2007 as per Hindu rites and rituals. Out
of their wedlock, two children being a boy and a girl were
born. Respondent gave beating to the petitioner and involved
in adultery also. For one such incident, petitioner registered a
complaint at Mahila Police Station, Bhilwara on 21.8.2020.
Respondent filed an application under Section 9 of the Hindu
Marriage Act before the Additional District Judge, Chirawa
for restitution of conjugal rights for which Court issued
notice to the petitioner. Petitioner has also filed application
under Section 13(1) of Hindu Marriage Act for declaring her
marriage null and void and application for maintenance
under Section 125 of Cr.P.C. Petitioner also filed an
application under Sections 9 and 37 of Protection of Women
from Domestic Violence Act, 2005. There is constant threat
perception in the mind of the petitioner that the respondent
may cause harm either to the petitioner or her children and
parents. Therefore, it is very difficult for the petitioner to
appear and contest the case pending before the Court at
Chirawa, Jhunjhunu. Petitioner resides at Bhilwara and works
at Chittorgarh. The children of the petitioner are minor and
require constant attention of the petitioner as there is no one
else in the family to look after them. Petitioner cannot leave
her children alone even for a single day and attend the case
at Chirawa, Jhunjhunu. It would be appropriate that
application for restitution of conjugal rights filed by the
respondent pending before the learned Additional District
Judge - Family Court, Chirawa be heard by the learned
Family Court, Bhilwara before whom application under
Section 13(1) of Hindu Marriage Act for declaring marriage
null and void is also pending. Petition has been supported by
the affidavit.
In reply to the transfer petition, respondent - husband
has denied allegations made against him. As per him,
petitioner lodged the FIR on frivolous grounds only to harass
him. Father of the respondent has also lodged an FIR before
the Judicial Magistrate, Chirawa. Respondent is jobless. He
loves his children and can never threaten or harm them.
Petitioner has not come with true and correct facts. Petitioner
travels daily from Bhilwara to Sinhana, Chittorgarh to
discharge her duties as a Teacher without any complaint. Her
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entire case is based only on travelling difficulties and no
other substantial reason has been stated by the petitioner for
filing transfer petition.
Learned counsel for the petitioner relied upon the
following judgments:-
(1) Sangeeta Alias Shreya vs. Prasant Vijay
Wargiya : 2004 13 SCC 407.
(2) Vibha Jain vs. Naresh Kumar Somiya : 2018 3
DNJ 1251
On the other hand, learned counsel for the respondent
submits that transfer petition filed by the petitioner cannot
be allowed only on the ground that she is a lady and
inconvenience will cause to her for travelling from Bhilwara
to Chirawa, District Jhunjhunu. Learned counsel for the
respondent also submits that the petitioner would be paid
expenses for her travelling and stay at Chirawa. Learned
counsel for the respondent relied on the following judgments:
(1) Gayatri Mohapatra vs. Ashit Kumar Panda : (2003) 11
SCC 731
(2) M. Sivagami vs. R. Raja : (2005) 12 SCC 301
(3) Kanagalakshmi vs. A. Venkatesan : (2004) 13 SCC 405
Having regard to the submissions made by the learned
counsel for the parties and after perusal of the record it
reveals that the petitioner is working woman and mother of
two minor children. Her present place of posting is at
Sinhana, Chittorgarh. Respondent - husband has filed the
application under Section 9 of Hindu Marriage Act for
restitution of conjugal rights against the petitioner - wife in
the Court of Additional District Judge - Family Court,
Chirawa, Jhunjhunu, which is far away from Bhilwara.
Record also reveals that application seeking declaring the
marriage between the parties null and void is also pending in
the Family Court, Bhilwara.
Looking to the facts and circumstances of the present
case, this Court is of the opinion that this transfer petition
deserves to be allowed. Petitioner is a lady, who will face
difficulties to travel for long distance with her minor children.
As per the version of the learned counsel for the petitioner,
there is no one in the family who can look after her children
in the absence of mother. Great inconvenience will be caused
to minor children of the petitioner, if the petitioner leaves her
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children at Bhilwara. Petitioner being a working woman has
multiple duties to perform. Other litigation between the
parties are pending at Bhilwara. In the above circumstances,
more inconvenience will be caused if case is not transferred
from Chirawa, Jhunjhunu to Bhilwara in comparison to the
inconvenience caused to the respondent.
Resultantly, the instant transfer petition is allowed.
Civil Original Case No. 73/2020 pending before pending
before Additional District Judge - Family Court, Chirawa,
Jhunjhunu is ordered to be transferred to the Family Court,
Bhilwara.
Let the parties shall appear before the Family Court,
Bhilwara on 7.4.2022 and thereafter, the Family Court,
Bhilwara would regulate the hearing.
A copy of this order be sent to the Additional District
Judge - Family Court, Chirawa, Jhunjhunu as well as Family
Court, Bhilwara for information and necessary compliance."
Learned counsel for the respondent submits that there are
various other notes, which could be adopted rather than transfer.
Learned counsel also claimed non-fitness of the respondent-
husband.
Learned counsel for the respondent has relied upon the
precedent law laid down by the Hon'ble Apex Court in Krishna
Veni Nagam Vs. Harish Nagam reported in AIR 2017 Supreme
Court 1345.
After hearing learned counsel for the parties as well as the
perusing the material available on record, this Court finds that
once a view has been taken for the same lady or the same set of
litigants by this Hon'ble Court regarding the transfer of
matrimonial litigation, no other view ought to be taken to maintain
consistency.
In view of the above, the present transfer petition is allowed.
The Criminal Case No.62/2020 pending before the Judicial
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Magistrate, Chirawa, District Jhunjhunu is ordered to be
transferred to the competent court at Bhilwara.
All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
111-Zeeshan
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