Rajasthan High Court
Smt. Monu Bairwa W/O Shri Kartar, ... vs Kartar S/O Shri Gogaram Bairwa on 18 January, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 112/2020
Smt. Monu Bairwa W/o Shri Kartar, D/o Vishram Bairwa, Aged
About 24 Years, R/o Village Dholpuriya, Tehsil Arain, Kishangarh,
(Ajmer) At Present R/o Ward No. 35, Naya Shahar, Bichali
Khidaki, Rajput Mohalla, P.s. Kishangarh City, District Ajemr
----Petitioner
Versus
Kartar S/o Shri Gogaram Bairwa, R/o Village Jorwarpura, Tehsil
Arain, At Present R/o Jaisinghpura Kacchi Basti, P.s. Bhankrota,
Ajmer Road, Tehsil Sanganer, District Jaipur.
----Respondent
For Petitioner(s) : Mr. Devanshu Sharma, Adv.
For Respondent(s) : Mr. Ajeet Singh Devanda, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
18/01/2023
1. This transfer application has been filed by the applicant-wife
under Section 24 of the Code of Civil Procedure seeking transfer of
Case No. 183/2020 titled as Kartar vs. Smt. Monu Bairwa, filed by
the non-applicant-husband under Section 9 of the Hindu Marriage
Act, 1955 from Family Court No.2, Jaipur to Additional District
Judge, Kishangarh (Ajmer).
2. Learned counsel for the applicant-wife has submitted that the
marriage between the parties was solemnized on 29.04.2018.
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
(2 of 4) [CTA-112/2020]
said demands, she was thrown out of her marital home by the non-
applicant-husband. Thereafter, the applicant filed a criminal
complaint against the non-applicant-husband under section(s) 498-
A, 406 and 323 of IPC as well as section(s) 4 and 6 of Prevention
of Women from Domestic Violence Act, which are pending
adjudication in Kishangarh. Furthermore, learned counsel for the
applicant submitted that the applicant is presently residing with her
aged parents in Kishangarh. Moreover, she is an unemployed lady
with no source of income. Therefore, it would be difficult for the
applicant to commute a distance of over 100 km to Jaipur on every
date of hearing in the matter. Learned counsel also submitted that
the applicant does not have the infrastructural support, in terms of
family members, who can accompany her to court proceedings in
Jaipur. In this regard, it was urged that the application filed by the
non-applicant-husband under Section 9 of the Hindu Marriage Act
be transferred to the Additional District Judge, Kishangarh (Ajmer).
3. Learned counsel for the non-applicant-husband has
vehemently opposed the transfer application. However, he was not
able to refute the fact that multiple proceedings, arising out of the
matrimonial relationship, are pending against him in Kishangarh
(Ajmer).
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 Kishangarh (Ajmer); that the
applicant is an unemployed lady with no source of income; that the
applicant is presently residing in Kishangarh; that the applicant
does not have the infrastructural support in terms of family
members who can accompany her for the proceedings pending in
(3 of 4) [CTA-112/2020]
Jaipur; considering the provisions of Section 19 of the Hindu
Marriage Act and relying upon the dictum of 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 in
matrimonial matters, the court has to take into consideration the
economic soundness of both the parties, the social strata of the
spouses and their behavioral pattern, their standard of life prior to
the marriage and subsequent thereto and the circumstances of
both the parties in eking out their livelihood and under whose
protective umbrella they are seeking their sustenance to life, this
Court deems it just and proper to transfer the Case No. 183/2020
from Family Court No.2, Jaipur to Additional District Judge,
Kishangarh (Ajmer).
5. Accordingly, the present transfer application is allowed. The
Case No. 183/2020 be transferred from Family Court No.2, Jaipur
to Additional District Judge, Kishangarh (Ajmer).
6. Both parties are directed to appear before the transferee
Additional District Judge, Kishangarh (Ajmer) 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
transferee court would be at liberty to proceed in accordance with
law.
7. It is expected that the learned Additional District Judge,
Kishangarh (Ajmer) shall dispose of the matter as expeditiously as
possible; preferably within the prescribed time period as stipulated
in the Act.
(4 of 4) [CTA-112/2020]
8. Stay application and other pending applications, if any, stand
disposed of.
(SAMEER JAIN),J
ANIL SHARMA /19
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