IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL TRANSFER PETITION NO.2/2008 Smt.Savitri Vs. Pawan Kumar Sharma S.B.Civil Transfer Petition under Section 24 of the Civil Procedure Code for transfer of HMA Case No.29/2007 titled as Pawan Kumar vs. Smt.Savitri Devi pending before Addl. District & Sessions Judge, Rajgarh, District, Alwar to District & Sessions Judge Court, Alwar. **** DATE OF ORDER: October 24, 2009 HON'BLE MR.JUSTICE S.P.PATHAK Mr.Mahendra Sharma. for the petitioner Mr.P.Nag, for the respondent BY THE COURT:
1. By this petition the wife has sought transfer of matrimonial case No.29.2007 titled as Pawan Kumar vs. Smt.Savitri pending before the Addl. District & Sessions Judge, Rajgarh, District, Alwar to the court of District & Sessions Judge, Alwar.
2. Necessary facts for disposal of this transfer petition are that petitioner and respondent are wife and husband and they got married on 16th April, 1992. It is alleged that the husband and his family members starting harassing her. The respondent husband is a police constable. It is also alleged in the petition that efforts went in vain and she was thrown out of the house and now she is living with her brother at Alwar. The distance between Rajgarh and Alwar is about 40 Kms. It is also alleged that a complaint under the provisions of the Protection of Women from Domestic Violences Act was also filed at Alwar Court and that petition is pending before the A.C.J.M.No.2, Alwar and the dates of hearing are being attended by the respondent husband. It is also alleged in the petition that there are no sufficient means for the petitioner to support herself and she is dependent and her husband is a police constable and further since he is coming to Alwar to attend the case, which is registered on the complaint of the petitioner, therefore, it is in the fitness of things to transfer the matrimonial case filed by the husband under Section 13 of the Hindu Marriage Act for dissolution of the marriage to the court of D.J., Alwar.
3. It has been the contention of the learned counsel that since petitioner is dependent and is a lady and her husband is coming to Alwar to attend the court, therefore, it is proper and in the interest of justice that case be transferred from Rajgarh Court to Alwar, which has been filed by the husband for dissolution of the marriage.
4. On the other hand, the learned counsel for the respondent has opposed the submissions and submitted that distance between Rajgarh and Alwar is not much and she can attend dates of hearing fixed by the court at Rajgarh conveniently, therefore, the petition is liable to be dismissed.
5. After having considered the submissions and taking into consideration the contents of the transfer petition and also taking into consideration that the husband of the petitioner is a Constable and he is already attending the court dates at Alwar, therefore, in the over all facts and circumstances of the case and in the interest of justice, I deem it proper to transfer the matrimonial case pending before ADJ, Rajgarh to the court of D.J., Alwar.
Accordingly, the petition is hereby allowed. The matrimonial Case No.29/2007 titled as Pawan Kumar Vs. Smt.Savitri pending before Addl. District & Sessions Judge, Rajgarh, District, Alwar stands transferred to the Court of District & Sessions Judge, Alwar for deciding the same in accordance with law.
The petition stands disposed of accordingly.