Allowed

Smt. Bhawana Prajapat D/O Surajmal W/O Sh. Deepak Prajapat, v. Deepak Prajapat S/O Sh. Babulal Prajapat

Rajasthan HC25 Jan 2023CTA/97/2021

Case brief

AI extract

What is this about?

Held that the transfer application of a Section 13 matrimonial filing is allowed to the Family Court in Baran where the wife resides, considering her convenience, livelihood constraints, and pending proceedings, relying on Supreme Court dictums that prioritize the wife's convenience.

What did the court decide?

Transfer of Application No. 110/2021 from Family Court No.1, Kota to Family Court, Baran.

Smt. Bhawana Prajapat D/O Surajmal W/O Sh. Deepak… — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJP/000519]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 97/2021

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Smt. Bhawana Prajapat D/o Surajmal W/o Sh. Deepak Prajapat, Aged About 23 Years, R/o Behind Madhusudan Resote Ravan Ji Ka Chauk, Lanka Colony Baran Raj.

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----Petitioner

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Versus

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Deepak Prajapat S/o Sh. Babulal Prajapat, Aged About 25 Years, R/o House No. 1070 Rjy Behind Sahu Kirana Store Hariom Nagar Kota Raj.

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----Respondent For Petitioner(s) : Mr. Prithvi Raj Singh Rajawat, Adv. For Respondent(s) : None present

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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25/01/2023

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At the outset, it is pertinent to note that vide order-sheet dated 03.07.2021, it is reflected that the service upon the nonapplicant was duly effected and hence, it is deemed to be complete. Despite the same, none has marked their appearance on behalf of the non-applicant on several occasions, including today i.e. 25.01.2023. Therefore, in the interest of justice, the matter is taken up for final disposal.

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This transfer application has been filed by the applicant-wife under Section 24 of the Code of Civil Procedure seeking transfer of Application No. 110/2021 titled as Deepak Prajapat vs. Bhawana Prajapat, filed by the non-applicant-husband under Section 13 of

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the Hindu Marriage Act, 1955 from Family Court No.1, Kota to Family Court, Baran.

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Learned counsel for the applicant has submitted that the marriage between the parties was solemnized on 11.05.2017. Out of the wedlock, a child was born on 28.2.2018, who is presently 4 years old. However, soon after the marriage, the non-applicanthusband started harassing the applicant for dowry. Moreover, upon her inability to comply with the said demands, she was subjected to cruelty and was thrown out of her marital home. In this background, the applicant filed a complaint under Section(s) 498A and 406 of IPC along with an application for maintenance under Section 125 of Cr.P.C. in Baran. Thereafter, just in order to harass the applicant-wife, the non-applicant-husband filed an application under Section 13 of the Hindu Marriage Act in Kota. Learned counsel for the applicant submitted that the applicant is an unemployed woman with no source of livelihood. Moreover, she is presently residing at her parental home in Baran. Furthermore, the applicant has the sole responsibility to look after her minor child aged 4 years. Lastly, it was submitted that the applicant is financially constrained from commuting the distance between Baran and Kota on every date of hearing in the matter. Therefore, the application filed by the non-applicant-husband under Section 13 of the Hindu Marriage Act be transferred to the Family Court, Baran. In support of his contentions, learned counsel relied upon the dictum of the Apex Court judgment(s) in Sunita Singh vs. Kumar Sanjay reported in (2001) 10 SCC 41 and Anuradha Dalal vs. Rohit Dalal reported in (2001) 10 SCC 449 , wherein

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it was held that while deciding transfer applications, the wife’s convenience shall be taken into paramount consideration.

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Considering the contentions put forth by the counsel for the applicant and considering the fact that multiple proceedings arising out of the matrimonial relationship are pending adjudication in Baran; that the applicant has the sole responsibility of looking after her minor child aged 4 years; that the applicant is an unemployed woman with no source of livelihood; 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 , this Court deems it just and proper to transfer the divorce petition filed by the non-applicant-husband from Family Court No.1, Kota to Family Court, Baran.

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Accordingly, the present transfer application is allowed. The Application No. 110/2021 be transferred from Family Court No.1, Kota to Family Court, Baran. 6. Both parties are directed to appear before the transferee Family Court, Baran on 20.02.2023. 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 Family Court would be at liberty to proceed in accordance with law.

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It is expected that the learned Family Court, Baran shall dispose of the matter as expeditiously as possible; preferably within the prescribed time period as stipulated in the Act.

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