Smt. Shobhna @ Shiva W/O Vijay ... vs Vijay Kumar Jindal S/O Shri Girish ...
2023 Latest Caselaw 1031 Raj/2

[2023/RJJP/001068]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Civil Transfer Application No. 110/2021

Smt. Shobhna @ Shiva W/o Vijay Kumar Jindal D/o Mahendra
Goyal, Aged About 30 Years, R/o Mohalla Chowk, Main Market,
Post Nagar, District Bharatpur (Raj.)
                                                                   ----Petitioner
                                    Versus
Vijay Kumar Jindal S/o Shri Girish Kumar Jindal, R/o Jindal
Bhawan, Subhash Mandi, Neem Ka Thana, District Sikar.
                                                                 ----Respondent

For Petitioner(s)          :    None
For Respondent(s)          :    Mr. Pawan Sharma for
                                Mr. Ravi Shanker Sharma



               HON'BLE MR. JUSTICE SAMEER JAIN

                                     Order

31/01/2023

1. This transfer application has been filed by the applicant-wife

under Section 24 of the Code of Civil Procedure, 1903, for transfer

Divorce Case No.50/2020 filed by the respondent titled Vijay

Kumar Jindal Vs. Smt. Shobhna @ Shiva under Section 13 (1) of

the Hindu Marriage Act pending in A.D.J. Neem Ka Thana District

Sikar, whereby the above petition transfer from A.D.J. Neem Ka

Thana (Sikar) to A.D.J. Deeg District Bharatpur.

2. Learned counsel for the applicant-wife has submitted that

the marriage between the parties was solemnized on 21.04.2014.

However, soon after the marriage, the non-applicant-husband

along with his family members, started harassing the applicant for

dowry. Moreover, upon the applicants failure to comply with the

said demands, she was thrown out of her marital home by the

[2023/RJJP/001068] (2 of 3) [CTA-110/2021]

respondent-husband. Thereafter, the applicant filed an application

under section 12 of the Protection of the Woman from Domestic

Violence Act, 2005 along with an FIR for offence under section(s)

498A, 406 IPC in Nagar District-Bharatpur. Moreover, the

applicant-wife also filed a suit for maintenance under section 125

Cr.P.C, which is pending adjudication in Nagar District, Bharatpur

as well. In this regard, learned counsel for the applicant-wife

argued that the applicant is an unemployed lady, with no source of

livelihood. Hence, it would be difficult for the applicant to travel to

Sikar on every date of hearing in the matter. Therefore, it was

urged that the divorce petition filed by the non-applicant should

be transferred to the learned Family Court- Deeg, District

Bharatpur.

3. Learned counsel for the non-applicant-husband has

vehemently opposed the tranfer application. However, he was not

able to refute the fact that multiple proceedings, arising out of the

matrimonial relationship, are pending adjudication in Nagar,

District- Bharatpur.

4. Considering the contentions put forth by the counsel for the

parties, considering that multiple proceedings arising out of the

marriage are pending adjudication in Nagar, District-Bharatpur;

that the applicant is an unemployed lady with no independent

source of income; considering the provisions of section 19 of the

Hindu Marriage Act and relying upon the judgment of the Hon'ble

Apex Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik

Sha: Civil Appeal No.4894/2022, this court deems it just and

proper to transfer the divorce petition from the learned Additional

[2023/RJJP/001068] (3 of 3) [CTA-110/2021]

District Judge, Neem Ka Thana, (Sikar) to learned Additional

District Judge Deeg, District Bharatpur.

5. Accordingly, the present transfer application is allowed.

The case No. 50/2020 be transferred from A.D.J. Neem Ka Thana

District Sikar to A.D.J. Deeg Bharatpur.

6. Both parties are directed to appear before the

transferee A.D.J. Deeg Bharatpur on 28.02.2023. By that time, the

record of the case be transmitted to the transferee Court by the

Court concerned. It is made clear that if any of the parties would

not appear on the date fixed by this Court, the Family Court would

be at liberty to proceed in accordance with law.

7. It is expected that the learned transferee court shall

dispose of the matter as expeditiously as possible; preferably

within the prescribed time period stipulated in the Act.

8. Transfer application is allowed. Stay application and

other pending applications, if any, stand disposed of.

(SAMEER JAIN),J

JKP/9

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