Rajasthan High Court
Dr. Smt Priyanka Indoriya W/O Dr. ... vs Dr. Ranjeet Singh S/O Matadeen ... on 31 January, 2023
Bench: Sameer Jain
[2023/RJJP/001061]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 61/2021
Dr. Smt Priyanka Indoriya W/o Dr. Ranjeet Singh, Aged About 31
Years, D/o Shri Ramswaroop Indoriya, Aged About 31 Years. R/o
5/372, Near Of Garg Floor Meel, Rajnagar, Colony, Mantown,
Tehsil Sawai Madhopur At Present Working As Doctor, Chakshu
Chikitsalya Sewa Samiti Eye Hospital, 2/7, Chandihall,
Kesarwadi, Jodhpur-342001
----Petitioner
Versus
Dr. Ranjeet Singh S/o Matadeen Verma, R/o 103, Saini Colony-I,
Kartarpura, Tehsil Jaipur At Present Working As Doctor, M.s.e.n.t.
Govt. Nahata Hospital, Balotra District Barmer-344022
----Respondent
For Petitioner(s) : Mr. Ashindra Gautam
For Respondent(s) : Mr. Om Prakash Kharra
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
of petition No.73/2021 titled as Dr. Ranjeet Singh Vs. Dr. Smt.
Priyanka Indoriya filed by the non-applicant under Section 9 of the
Hindu Marriage Act, 1955, pending before learned Family Court
No.1, Jaipur to learned Family Court, Sawai Madhopur.
2. Learned counsel for the applicant-wife has submitted that
the marriage between the parties was solemnized on 12.02.2016.
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
[2023/RJJP/001061] (2 of 3) [CTA-61/2021]
said demands, she was thrown out of her marital home by the
respondent-husband. Thereafter, the applicant filed an FIR for
offence under section(s) 498A, 406 and 323 of IPC as well as a
petition under section 13 of the Hindu Marriage Act, 1955, which
are presently pending adjudication in Sawai Madhopur. However,
just in order to harass the applicant-wife, the non-applicant-
husband filed an application under Section 9 of the Hindu Marriage
Act in Jaipur. Learned counsel for the applicant-wife submitted
that the applicant does not have any infrastructural support, in
terms of family members, who can accompany to her court
proceedings in Jaipur on every date of hearing in the matter. In
this regard, it was argued that the petition filed by the non-
applicant should be transferred to the learned Family court, Sawai
Madhopur (Raj.).
3. Learned counsel for the non-applicant-husband has
vehemently opposed the present transfer application. However, he
was not able to refute the fact that multiple proceedings, arising
out of the matrimonial relationship, are pending adjudication in
Sawai Madhopur (Raj.).
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 Sawai Madhopur (Raj.); that
the applicant does not have any infrastructural support, in terms
of family members, who can accompany her to court proceedings
pending in Jaipur; 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
[2023/RJJP/001061] (3 of 3) [CTA-61/2021]
Sha: Civil Appeal No.4894/2022, this court deems it just and
proper to transfer the petition filed under section 9 of the Hindu
Marriage Act, 1955, from the learned Family court No. 1, Jaipur to
the learned Family court, Sawai Madhopur (Raj.).
5. Accordingly, the present transfer application is allowed.
The case No. 73/2021 be transferred from Family Court No.1,
Jaipur to Family Court, Sawai Madhopur.
6. Both parties are directed to appear before the
transferee Family Court, Sawai Madhopur 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(s) 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/8
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