Dismissed

Manju Meena D/O Shri Gopal Lal Meena W/O Shri Deepak Meena v. Deepak Meena S/O Shri Ramesh Chand Meena

Rajasthan HC1 Nov 2022CTA/53/2020

Case brief

AI extract

What is this about?

The High Court, in a Family Court Transfer Application under Section 24 CPC, dismissed the petition initiated by a petitioner-wife to shift her husband's matrimonial suit from Jaipur to Sikar. The court held that the petitioner concealed pending criminal cases and domestic violence complaints filed in Jaipur, lacking clean hands and bona fides for the transfer.

What did the court decide?

Transfer application dismissed; permission granted to appear via legal representative on specific dates.

Manju Meena D/O Shri Gopal Lal Meena W/O… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 53/2020

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Manju Meena D/o Shri Gopal Lal Meena W/o Shri Deepak Meena, Aged About 30 Years, R/o Bhordo Ka Bass, Police Station Dataramgarh, District Sikar

¶4

----Petitioner

¶5

Versus

¶6

Deepak Meena S/o Shri Ramesh Chand Meena, Aged About 32 Years, R/o Plot No. 15, Sri Ram Nagar-B Kalvad Road, Jaipur 302012

¶7

----Respondent

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For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. S Gaharana

¶9

HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/11/2022

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Petitioner-wife has filed this transfer application under Section 24 CPC, seeking transfer of a Civil Case bearing No.2389/2019, filed by respondent-husband seeking dissolution of their marriage dated 08.02.2014, from the Family Court No.1, Jaipur Metropolitan, Jaipur to the Family Court, Sikar.

¶13

Having heard counsel for both parties, it has come on record that petitioner-wife lodged one FIR No.332/2016 at Mahila Thana, Jaipur West under Sections 498A, 406, 323 & 354 of IPC and under Sections 66 and 67 of the Information Technology Act, 2000. In that FIR, it has been informed that charge-sheet has been filed and criminal case is under trial which is pending before the Metropolitan Magistrate No.20, Jaipur Metropolitan, Jaipur (Annexure R/1). Petitioner-wife has also filed one complaint on 31.01.2019 under Section 12 of the Domestic

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(2 of 2)

¶15

[CTA-53/2020]

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Violence Act, 2005, which is pending before the Court of Additional Chief Metropolitan Magistrate No.3, Jaipur Metropolitan, Jaipur. (Annexure R/3)

¶17

It is not in dispute that petitioner-wife is a government servant and presently working on the post of Gram Sevak, Dataramgarh, Sikar. It is also not in dispute that no child has born out of the wedlock.

¶18

From perusal of the transfer application, it appears that petitioner-wife has concealed all these facts about filing of FIR at Jaipur and pendency of a criminal case under Section 12 of the Domestic Violation Act at Jaipur. Petitioner-wife has not come with clean hands and fairness before this Court. That apart, no good reason has been given for transfer of this particular case bearing No.2389/2019.

¶19

In totality of facts and circumstances, it has been noticed that this transfer application has not been filed with fairness and bonafidely as well as is devoid of merits too. Therefore, the transfer application is dismissed.

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However, it is observed that in case petitioner-wife seeks permission to appear before the Family Court, Jaipur Metropolitan, Jaipur, in the pending Case bearing No.2389/2019 through her legal representative/next friend, the same may be granted to her, except for dates, where her personal presence is required.

¶21

(SUDESH BANSAL),J

¶22

SACHIN/18

Manju Meena D/O Shri Gopal Lal Meena W/O Shri Deepak Meena v. Deepak Meena S/O Shri Ramesh Chand Meena

Case brief

What is this about?

What did the court decide?

Manju Meena D/O Shri Gopal Lal Meena W/O Shri Deepak Meena v. Deepak Meena S/O Shri Ramesh Chand Meena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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