Taniya vs Mohammed Idrish ...
2023 Latest Caselaw 6362 Raj

[2023:RJ-JD:26994]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 159/2021

Taniya W/o Mohammed Idrish, Aged About 26 Years, Ward No. 08, Kayamkhani Bas, Bhadra Tehsil Bhadra District Hanumangarh

----Petitioner Versus Mohammed Idrish S/o Mohammed Islam, Ward No. 22, Mini Market, Suratgarh, District Sri Ganganagar

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Aakash Kukkar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 24/08/2023

The present transfer petition under Section 24 of CPC has

been preferred by the petitioner-wife through her father being

power of attorney holder for transferring the case No. 93/2020

(Mohd. Idrish Vs. Smt. Taniya) preferred by the respondent herein

under the provisions of the Dissolution of Muslim Marriage Act,

1939 from learned the court of Civil Judge, Suratgarh, District Sri

Ganganagar to the court of learned Civil Judge, Bhadra, District

Hanumangarh.

2. Learned counsel for the petitioner submits that after the

marriage, the respondent demanded dowry and assaulted the

petitioner on her head, due to which she lost her memory and

hearing. Therefore, the father of the petitioner lodged an FIR

no.7/2021 before the Police Station, Bhadra for the offences under

Sections 406, 498A, 354, 420, 323, 307 and 34 of the IPC

[2023:RJ-JD:26994] (2 of 4) [CTA-159/2021]

wherein the investigating agency filed charge-sheet against the

respondent and a criminal case no.557/2021 is pending

consideration before the learned Addl. Chief Judicial Magistrate,

Bhadra. It is submitted that in order to harass and humiliate the

petitioner and her family members, the respondent has filed the

divorce petition before the court of Suratgarh, District Sri

Ganganagar Thus, it is prayed that application filed under the

provisions of the Dissolution of Muslim Marriage Act, 1939 may be

transferred to the court of Hanumangarh.

Learned counsel appearing for respondent vehemently

opposed the prayer made by the learned counsel for the petitioner.

It is submitted that the present petition has been preferred by the

petitioner through power of attorney holder- father but no such

power of attorney has been executed by the petitioner as she is of

unsound mind. It is submitted that the other proceedings initiated

at the behest of the petitioner are being attended by her father

and therefore, there would not be any impediment for him in

attending the proceedings initiated by the respondent at

Suratgarh, District Sri Ganganagar. Thus, it is prayed that the

transfer petition may be rejected.

4. Heard the learned counsel for the parties and perused the

material available on record.

5. In the present case, it is an admitted position that the

present transfer petition has been preferred by the petitioner-wife

through power of attorney holder-father as she is said to be of

[2023:RJ-JD:26994] (3 of 4) [CTA-159/2021]

unsound mind, but the fact of the matter remains that even the

father of the petitioner is old eged and all other proceedings have

been initiated at the behest of the petitioner at Hanumangarh.

6. The Hon'ble Supreme Court in the case of Vinisha Jitesh

Tolani @ Manmeet Laghmani vs Jitesh Kishore Tolani 2010(1) WLC

(SC) 705 has observed that in the matrimonial proceedings

initiated by the husband against the wife the convenience of the

wife has to be considered for contesting the suit, and accordingly

the matrimonial proceedings ought to be transferred where the

wife is residing.

7. Having regard to the facts and circumstances of the case,

this Court deems it appropriate to transfer the petition under the

provision of Dissolution of Muslim Marriage Act from the learned

Civil Judge, Suratgarh, Sri Ganganagar to the court of learned

Civil Judge, Bhadra, District Hanumangarh.

8. The transfer petition is allowed accordingly.

9. It is ordered that the Civil case No.93/2020 (Mohd. Idrish Vs.

Smt. Taniya) under Section 9 of the Dissolution of Muslim Marriage

Act, 1939, pending before the learned Civil Judge, Suratgarh,

District Sri Ganganagar be transferred to the court of learned Civil

Judge, Bhadra, District Hanumangarh.

10. The learned Civil Judge, Suratgarh, District Sri Ganganagar is

directed to send the record of the case to learned Civil Judge,

Bhadra, District Hanumangarh.

[2023:RJ-JD:26994] (4 of 4) [CTA-159/2021]

11. Both the parties are directed to appear before learned Civil

Judge, Bhadra, District Hanumangarh on 11.9.2023.

12. Learned Civil Judge, Bhadra, District Hanumangarh is

directed to expedite the trial of the case.

(MADAN GOPAL VYAS),J 223-CPGoyal/-

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