Rajasthan High Court - Jodhpur
Pooja vs Union Of India (2025:Rj-Jd:22945) on 13 May, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:22945]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9263/2025
Pooja D/o Shri Ramkaran, Aged About 26 Years, Rao Bakaliya,
Pipar City, District Jodhpur. Presently Posted As Constable Rpf
Out Post Pipar District Jodhpur. In The Office Of Respondent No.
4.
----Petitioner
Versus
1. Union Of India, Through The Director General, Railway
Security Force, Railway Board, New Delhi - 110001
2. Principle Chief Security Commissioner, Railway Security
Force And Hq Nwr, Jawahar Circle Jaipur.
3. Chief Security Commissioner, Rpf Hq Nwr, Jawahar Circle
Jaipur.
4. Senior Divisional Security Commissioner, Rpf, Nwr
Jodhpur Division Jodhpur.
----Respondents
For Petitioner(s) : Ms. Laxmi Bohra.
For Respondent(s) : Mr. B.P. Bohra.
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/05/2025
1. The present writ petition has been filed aggrieved of order
dated 07.04.2025 and the consequential order dated 08.04.2025
(Annexure-8) whereby the transfer of the petitioner from Eastern
Railway, Howrah to North Western Railway, Jodhpur Division has
been cancelled.
2. It has been averred in the petition that copy of order dated
07.04.2025 was never served on the petitioner. However,
communication/order dated 08.04.2025 (Annexure-8) clearly
reflects about order dated 07.04.2025 having been passed
[2025:RJ-JD:22945] (2 of 3) [CW-9263/2025]
whereby the earlier transfer of the petitioner made on the ground
of spouse being posted at Jodhpur has been cancelled.
3. It is relevant to note that order dated 07.04.2025 along with
certain other documents have been submitted by counsel for the
respondents, appearing in caveat.
4. Counsel for the petitioner submits that an application for
divorce by mutual consent was jointly filed by the petitioner and
her husband in the year 2023 and a divorce decree in pursuance
to the said application was granted on 16.05.2024 (Annexure-5).
Much prior to the date of said divorce decree, the application for
transfer on spouse ground was filed by the petitioner and she was
even transferred prior to the divorce decree been granted. Counsel
therefore submits that the cancellation of the transfer because of
she having been divorced, is totally illegal.
5. Heard the counsel and perused the record.
6. A bare perusal of judgment and decree dated 16.05.2024
(Annexure-5) whereby the application under Section 13B of the
Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of
1955') as jointly filed by the petitioner and her husband was
allowed clearly reflects that therein, a specific averment of both
the parties living separately since 15.09.2022 was made. Meaning
thereby, on the date when the application for transfer was filed by
the petitioner on spouse ground, she was not even residing with
her husband. Even on 27.12.2023 (Annexure-3) when,
consequent to her transfer from Eastern Railway to North Western
Railway, she was posted at Jodhpur, evidently, the application
under Section 13B of the Act of 1955 had already been filed.
[2025:RJ-JD:22945] (3 of 3) [CW-9263/2025]
7. In view of the above facts, it is crystal clear that the
application for transfer on spouse ground was filed by the
petitioner on incorrect facts and the fact of she having separated
from her husband had been concealed.
8. In view of the above, order impugned dated 07.04.2025
whereby the transfer of the petitioner on spouse ground has been
cancelled, does not deserve any interference and the petition is
hence, dismissed.
9. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
2-KashishS/-
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