Rajasthan High Court
Shilpi W/O Late Sh. Amit Kumar D/O ... vs Anil Kumar S/O Late Sh. Babu Lal on 17 January, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 47/2022
Shilpi W/o Late Sh. Amit Kumar D/o Sh. Brij Kishore, Aged About
25 Years, R/o Bhitarbadi, Kasba, Bayana, Tehsil Bayana, District
Bharatpur (Raj.) Presently R/o Kheriya Mode, Kushwah Colony,
Agra, District Agra Uttar Pradesh.
----Petitioner
Versus
1. Anil Kumar S/o Late Sh. Babu Lal, R/o Bhitarbadi, Kasba,
Bayana, Tehsil Bayana, District Bharatpur (Raj.)
2. Shakuntla W/o Sh. Anil Kumar, R/o Bhitarbadi, Kasba
Bayana Tehsil Bayana, District Bharatpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Mukesh Kumar Goyal
For Respondent(s) : Mr. Amit Dadhich
HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/01/2023
1. This transfer application has been filed by the applicant
under Section 24 of the Code of Civil Procedure seeking transfer of
application No. 115/2021 titled as Anil Kumar & Anr. vs. Shilpi,
filed by the non-applicants under Section 7 and 25 of The
Guardians and Wards Act, 1890 from learned Additional District
and Session Judge No.1, Bayana to District and Session Judge,
Dholpur.
2. Learned counsel for the applicant has submitted that by
way of familial relations, the applicant is the daughter-in-law of
non-applicant No. 1 and 2. The marriage between the applicant
and the son of the non-applicants, namely Mr. Amit Kumar, was
solemnized on 30.10.2016. Out of the wedlock, a son was born on
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21.06.2019, who is presently aged 3 years. However, on
09.05.2021, the husband of the applicant, Mr. Amit Kumar,
expired and he was survived by his wife i.e. applicant , minor son
and his parents i.e. non-applicant No. 1 and 2. In this background,
learned counsel for the applicant submitted that the non-applicant
No.1 and 2 repeatedly harassed the applicant for dowry and upon
her inability to comply with the said demands, she was subjected
to physical assault and mental harassment. Moreover, she was
even compelled to leave her matrimonial home and as a result,
she is presently residing in Agra, U.P with her minor son. It was
further submitted that after the demise of the applicant's husband,
Mr. Amit Kumar, the non-applicants filed an application under
Section 7 and 25 of the Guardians and Wards Act for the custody
of the applicant's minor son aged 3 years in Bayana . In this
regard, it was argued that the non-applicants filed the said
application just in order to harass the applicant and cause her
further agony. Furthermore, it was submitted that the applicant is
a poor lady and therefore, she is financially constrained from
travelling to Bayana on every date of hearing in the matter. It was
also argued that the applicant apprehends danger to her life and
liberty if she is made to travel to Bayana for the said proceedings.
Moreover, being a widowed lady, she has the sole responsibility of
looking after her minor son. Additionally, learned counsel
submitted that the applicant has no infrastructural support in
terms of family members who can accompany her to court
proceedings in Bayana. Therefore, it was urged that on account of
proximity in terms of distance and convenience of both the sides,
the matter be transferred to the District and Sessions Judge,
Dholpur for the efficacious disposal of the matter.
(3 of 4) [CTA-47/2022]
3. Learned counsel for the non-applicants have
vehemently opposed the transfer application. It was submitted
that non-applicant No. 1 and 2 are senior citizens aged 62 and 57
years old respectively. Moreover, they are residents of Bayana,
District-Bharatpur. Therefore, it would be difficult for them to
commute from Bayana to Dholpur on every date of hearing in the
matter. In light of the same, it was urged that the present transfer
application be dismissed and the matter be retained before the
learned Additional District and Session Judge No.1, Bayana.
4. Considering the contentions put forth by the learned
counsel for the both the sides, considering the fact that the
applicant is a poor lady who is financially constrained from
travelling to Bayana on every date of hearing in the matter; that
the applicant is a widowed lady with no infrastructural support in
terms of family members to accompany her for court proceedings
in Bayana; that the applicant is presently residing in Agra, UP,
which is at a distance of approximately 100 km from Bayana,
District-Bharatpur; that the applicant has the sole responsibility to
look after her minor son aged 3 years and relying upon the Apex
Court judgment in N.C.V. Aishwarya vs. A.S. Saravana Karthik
Sha: Civil Appeal No. 4894/2022 wherein it was held that the
cardinal principle for exercise of power under Section 24 of the
Code of Civil Procedure is that the ends of justice should demand
the transfer of the suit, this Court deems it just and proper to
transfer the application from Additional District and Session Judge
No.1, Bayana to District and Session Judge, Dholpur.
5. Accordingly, the present transfer application is allowed.
The application No. 115/2021 be transferred from Additional
(4 of 4) [CTA-47/2022]
District and Session Judge No.1, Bayana to District and Session
Judge, Dholpur.
6. Both parties are directed to appear before the
transferee District and Session Judge, Dholpur on 13.02.2023. 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
District and Session Judge, Dholpur would be at liberty to proceed
in accordance with law.
7. Stay application and other pending applications, if any,
stand disposed of.
(SAMEER JAIN),J
JKP/22
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