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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Transfer Application No. 13/2020

Shipika Upman D/o Dr. Ramesh Chandra Upman, Aged About 34

Years, Resident Of 121-A, Vivek Vihar, Acharya Hasti Marg,

Jaipur

----Petitioner

Versus

Dr. Devendra Sharma S/o Shri Banshi Dhar Sharma, Aged About

37 Years, Presently Residing In Quarter No.-2, Government

Community Health Centre, Rajgarh Distt. Alwar Permanent

Resident Of Plot No. 194, Adarsh Colony, Daudpur, Alwar

----Respondent

For Petitioner(s)

:

Mr. Prakash Kaushik

For Respondent(s)

:

Mr. Nishant Sharma with

Mr. Rameshwar Prasad

HON'BLE MR. JUSTICE SAMEER JAIN

Order

07/02/2023

1.

This transfer application has been filed by the applicant-wife

under Section 24 of the Code of Civil Procedure seeking transfer of

Case No.238/2018 titled as Dr. Devendra Sharma Vs. Shipika

Upman, filed by the non-applicant-husband under Section 13 of

the Hindu Marriage Act, 1955 from Special Judge, Family Court,

Alwar to Family Court, Jaipur.

2.

Learned counsel for the applicant has submitted that the

marriage between the parties was solemnized on 02.12.2008. Out

of the wedlock, two daughters were born, who are presently aged

10 and 6 years respectively. However, soon after the marriage, the

non-applicant-husband along with his family members started

harassing the applicant-wife for dowry. Moreover, upon her

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inability to comply with the said demands, she was subjected to

physical and mental agony. Thereafter, on 03.04.2018, the

applicant was compelled to leave her matrimonial home, on

account of apprehension to her life and liberty. In this background,

learned counsel submitted that the applicant filed a criminal case

under Section 12 of the Prevention of Women from Domestic

Voilence Act, 2005, against the non-applicant-husband, which is

pending adjudication before the Judicial Magistrate (SD) Court No.

12, Jaipur Metropolitan Jaipur. Subsequently, just in order to

prejudice the expeditious and efficacious disposal of the case

instituted by the applicant, the non-applicant-husband filed an

application under Section 13 of the Hindu Marriage Act, 1955

before the Family court, Alwar. Therefore, it was urged that the

said application filed by the non-applicant be transferred to the

Family Court, Jaipur for the expeditious disposal of the matter. In

support of his prayer, he has apprised the court of the fact that

the applicant is an unemployed woman, with no source of

livelihood. Moreover, she is presently residing with her aged

parents in Jaipur. It was further submitted that the applicant does

not have the infrastructural support, in terms of family members,

who can accompany her to court proceedings pending in Alwar, on

every date of hearing in the matter. Moreover, the applicant has

the sole responsibility of looking after her minor daughters, who

are enrolled in a school in Jaipur.

3.

Per contra, learned counsel for the non-applicant-husband

has vehemently opposed the present transfer application.

However, he was not able to refute the fact that a criminal

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complaint, arising out of the matrimonial relationship, is pending

adjudication in Jaipur.

4.

Considering the contentions put forth by the learned counsel

for the parties and considering the fact that a criminal case arising

out of the matrimonial relationship is pending adjudication in

Jaipur; that the applicant-wife is presently residing in Jaipur with

her aged parents; that the applicant-wife is an unemployed

woman with no source of livelihood; that the applicant-wife has

the sole responsibility of looking after her minor daughters aged

10 and 6 years; that the applicant-wife does not have the

infrastructural support, in terms of family members, who