Rajasthan High Court
Smt. Sarita W/O Shri Ramjilal Jat, ... vs Ramji Lal Jat S/O Shri Sonuram Jat, ... on 30 January, 2023
Bench: Sameer Jain
[2023/RJJP/000874]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 50/2021
Smt. Sarita W/o Shri Ramjilal Jat, D/o Shri Ratan Singh,
Sinsinwar, R/o Subhash Colony, Golpura Road, Agrasen School,
Near Heeradas Bus Stand, Bharapur.
----Petitioner
Versus
Ramji Lal Jat S/o Shri Sonuram Jat, R/o Ward No. 9, Akhepura,
Mojmabad, District Jaipur At Present R/o Flat No. F-2, First Floor,
Pradhan Nilay, Plot No. 38-39, Jai Nagar, Near Kesar Choraha,
Mansarovar, Tehsil Sanganer, Jaipur.
----Respondent
For Petitioner(s) : Mr. J.K. Moolchandani
For Respondent(s) : Ms. Pragya Seth for
Mr. Vigyan Shah
HON'BLE MR. JUSTICE SAMEER JAIN
Order
30/01/2023
1. This transfer application has been filed by the
applicant-wife under Section 24 of the Code of Civil Procedure, for
transfer of case No.888/2020 titled as Ramji Lal Jat Vs. Smt.
Sarita from the learned Family Court No.2, Jaipur to learned
Family Court, Bharatpur.
2. Learned counsel for the applicant-wife has submitted
that the marriage between the parties was solemnized on
11.05.2011 in Bharatpur. However, soon after the marriage, the
non-applicant-husband along with his family members, started
harassing the applicant for dowry. Thereafter, the applicant filed a
complaint under section 12,18 & 22 of Domestic Violence Act and
an FIR for offence under section(s) 498A, 406 IPC and in addition
[2023/RJJP/000874] (2 of 3) [CTA-50/2021]
to that an application under section 125 Cr.P.C for maintenance,
which are pending adjudication in Bharatpur. In this regard,
learned counsel for the applicant-wife argued that the applicant is
an unemployed lady who has the responsibility to take care of her
two minor daughters. Hence, it was would be difficult for the
applicant to travel to Jaipur on every date of hearing in the matter.
It was further argued that the non-applicant-husband should be
transferred to the Family Court no.1, Bharatpur.
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 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 Bharatpur; that the
applicant is an unemployed lady who has the responsibility to take
care of her two minor daughters; 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 Family Court No. 2, Jaipur to Family Court, Bharatpur.
5. Accordingly, the present transfer application is allowed.
The case No.888/2020 be transferred from Family Court No.2,
Jaipur to Family Court, Bharatpur.
6. Both parties are directed to appear before the
transferee Family Court, Bharatpur on 28.02.2023. By that time,
[2023/RJJP/000874] (3 of 3) [CTA-50/2021]
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/2
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