Allowed

Nirma Kandara v. Satish Gharu

Rajasthan HC15 Apr 2024CRLTP/5/2024

Case brief

AI extract

What is this about?

The High Court transferred maintenance cases pending in Ranivada to Jodhpur and dismissed the husband's transfer petition. The Court held that the wife's temporary residence in a hostel in Jodhpur, combined with the husband's residence in Barmer, made transfer just and proper despite the wife's permanent residence being in Ranivada.

What did the court decide?

Criminal Misc. Case No. 02/2020 under Section 125 Cr.P.C. and Case No. 1/2020 under Section 125(3) Cr.P.C. transferred from Judicial Magistrate, Ranivada to Metropolitan Magistrate, Jodhpur. Husband's

Nirma Kandara Vs Satish Gharu — Maintenance and Alimony | Rajasthan HC (2024)

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[2024:RJ-JD:16199]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Crl.misc.trnfr.pet. No. 5/2024

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Nirma Kandara D/o Shri Jabra Ram Kandara, Aged About 32 Years, W/o Shri Satish Gharu, R/o By Pass Ranivada, Near Bijli Ghar, Behind Valmiki Hanuman Temple, Ranivada, Tehsil Ranivada, Dist. Jalore. At Present R/o St Girls Hostel, New Campus College, Bhagat Ki Kothi, Jodhpur (Raj.)

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----Petitioner

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Versus

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Satish Gharu S/o Late Shri Vasudev Gharu, Aged About 36 Years, B/c Valmiki, R/o Bapu Colony, Valmiki Basti, Barmer, Tehsil And Dist. Barmer (Raj.)

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----Respondent

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Connected With

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S.B. Crl.misc.trnfr.pet. No. 22/2023

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Satish Gharu S/o Lt. Sh. Vasudev Gharu, Aged About 35 Years, B/c Valmiki, R/o Bapu Colony, Valmiki Basti, Barmer, Teh. And Dist. Barmer.

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----Petitioner

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Versus

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Nirma Kandara D/o Sh. Jabra Ram Kandara W/o Sh. Satish Gharu, Aged About 32 Years, B/c Valmiki, R/o By Pass Ranivada, Near Bijli Ghar, Behind Valmiki Hanuman Temple, Ranivada, Teh. Ranivada, Dist. Jalore.

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----Respondent

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For Petitioner(s) : Mr. Salman Agha For Respondent(s) : Mr. Yashwant Roy

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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15/04/2024

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The criminal transfer petition No. 05/2024 has been filed by the petitioner wife with the prayer that the Criminal Misc. Case No. 02/2020 under Section 125 Cr.P.C and Criminal Misc. Case

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No. 1/2020 under Section 125(3) Cr.P.C. pending before the court of learned Judicial Magistrate, Ranivada, District Jalore may be transferred to Jodhpur. Criminal Misc. Transfer Petition No. 22/2023 has been filed by the petitioner husband with the prayer that the Case No. 399/2021 under Section 12 & 23 of Domestic Violence Act pending before the Metropolitan Magistrate No.7, Jodhpur metropolitan may be transferred to the court of Judicial Magistrate, Ranivada, District Jalore.

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Counsel for the petitioner wife argued that the petitioner had instituted a case under Section 125 Cr.P.C. and 125(3) Cr.P.C. against the respondent husband which is pending before the court of Judicial magistrate, Ranivada. It is submitted that the petitioner is now living at Jodhpur having no independent source of income and petitioner being lady it is very difficult for her to travel to Ranivada which is 250 kms from her residential place at Jodhpur whereas the respondent husband is working as Safai Karamchari in Municipal Council, Barmer and it will be comparatively convenient for husband to travel to Jodhpur as he is having his own vehicle. The petitioner has also filed a case under Section 12 & 23 of Domestic Violence Violence Act which is pending before the court of Metropolitan Magistrate No.7, Jodhpur metropolitan, therefore, the Criminal Misc. Case No. 02/2020 under Section 125 Cr.P.C and Criminal Misc. Case No. 1/2020 under Section 125(3) Cr.P.C may be transferred to court at Jodhpur metropolitan.

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Per contra, counsel for the respondent husband opposed the prayer made by the petitioner and submits that the petitioner without any reasonable cause has left the matrimonial home. It is argued that the petitioner has filed the said two cases before the

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Judicial magistrate, Ranivada and now on the basis of her new address, the petitioner wife is seeking transfer the case to Jodhpur only to harass the respondent husband. It is argued that it will be very difficult for him to attend the court proceedings at Jodhpur, therefore, no case is made out for transfer of the case from Ranivada to Jodhpur is made out. It is prayed that the transfer petition filed by the petitioner wife may be dismissed and the Case No.399/2021 filed by the petitioner wife before the court of Metropolitan Magistrate No.7, Jodhpur metropolitan may be transferred to Ranivada, District Jalore.

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I have heard counsel for the parties and perused the documents on record.

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From the perusal of material available on record, it is apparent that the petitioner wife is permanent resident of Ranivada, Jalore but presently she is residing at Jodhpur where she has filed a Case No.399/2021 before the court of Metropolitan Magistrate No.7, Jodhpur metropolitan under Section 12 & 23 of Domestic Violence Violence Act and now seeking to transfer the other two cases pending before the court of Judicial Magistrate, Ranivada. On the other hand, the respondent husband is also admittedly resident of District Barmer, working as Safai karamchari in Municipal Council, Barmer and has filed the transfer petition No. 22/2023 for transfer of Case No.399/2021 pending before the court of Metropolitan Magistrate No.7, Jodhpur metropolitan to Ranivada on the ground that the other two cases are already pending at Ranivada.

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Hon’ble Supreme Court in catena of cases has held that in the matrimonial proceedings, the convenience of wife has to be

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considered in contesting the matter. In the present case, the petitioner wife is permanent resident of Ranivada but seeking transfer of cases pending at Ranivada on the ground of shift of place of residence. In the opinion of this Court, although shift of place by wife to a temporary place of residence that too a hostel, cannot be a reason for transfer of cases at her convenience. However, looking to the fact that respondent husband is staying at Barmer and has to travel to Ranivada to contest the case, therefore, looking to comparative convenience of wife, it is deemed just and proper to transfer the Criminal Misc. Case No. 02/2020 under Section 125 Cr.P.C and Criminal Misc. Case No. 1/2020 under Section 125(3) Cr.P.C pending before the court of Judicial magistrate, Ranivada, District Jalore to Jodhpur.

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Accordingly, the transfer petition No. 5/2024 is hereby allowed. It is ordered that the Criminal Misc. Case No. 02/2020 under Section 125 Cr.P.C titled as Nirma Kandara Vs. Satish Gharu and Criminal Misc. Case No. 1/2020 under Section 125(3) Cr.P.C titled as ‘Nirma Kandara Vs. Satish Gharu’ pending in the court of Judicial magistrate, Ranivada, District Jalore be transferred to the court of Metropolitan Magistrate, Jodhpur.

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The Judicial magistrate, Ranivada, District Jalore is directed to send the record of the cases to court of Metropolitan Magistrate, Jodhpur.

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The transfer petition No.22/2023 filed by the husband, having no force is hereby dismissed. Stay petition is also dismissed.

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(MANOJ KUMAR GARG),J

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223-BJSH/-

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[2024:RJ-JD:16199] (5 of 5) [CRLTP-5/2024]

Nirma Kandara v. Satish Gharu

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Nirma Kandara v. Satish Gharu

Case brief

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