HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Transfer Application No. 47/2022

Shilpi W/o Late Sh. Amit Kumar D/o Sh. Brij Kishore, Aged About

25 Years, R/o Bhitarbadi, Kasba, Bayana, Tehsil Bayana, District

Bharatpur (Raj.) Presently R/o Kheriya Mode, Kushwah Colony,

Agra, District Agra Uttar Pradesh.

----Petitioner

Versus

1.

Anil Kumar S/o Late Sh. Babu Lal, R/o Bhitarbadi, Kasba,

Bayana, Tehsil Bayana, District Bharatpur (Raj.)

2.

Shakuntla W/o Sh. Anil Kumar, R/o Bhitarbadi, Kasba

Bayana Tehsil Bayana, District Bharatpur (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Mukesh Kumar Goyal

For Respondent(s)

:

Mr. Amit Dadhich

HON'BLE MR. JUSTICE SAMEER JAIN

Order

17/01/2023

1.

This transfer application has been filed by the applicant

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

application No. 115/2021 titled as Anil Kumar & Anr. vs. Shilpi,

filed by the non-applicants under Section 7 and 25 of The

Guardians and Wards Act, 1890 from learned Additional District

and Session Judge No.1, Bayana to District and Session Judge,

Dholpur.

2.

Learned counsel for the applicant has submitted that by

way of familial relations, the applicant is the daughter-in-law of

non-applicant No. 1 and 2. The marriage between the applicant

and the son of the non-applicants, namely Mr. Amit Kumar, was

solemnized on 30.10.2016. Out of the wedlock, a son was born on

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[CTA-47/2022]

21.06.2019, who is presently aged 3 years. However, on

09.05.2021, the husband of the applicant, Mr. Amit Kumar,

expired and he was survived by his wife i.e. applicant , minor son

and his parents i.e. non-applicant No. 1 and 2. In this background,

learned counsel for the applicant submitted that the non-applicant

No.1 and 2 repeatedly harassed the applicant for dowry and upon

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

to physical assault and mental harassment. Moreover, she was

even compelled to leave her matrimonial home and as a result,

she is presently residing in Agra, U.P with her minor son. It was

further submitted that after the demise of the applicant’s husband,

Mr. Amit Kumar, the non-applicants filed an application under

Section 7 and 25 of the Guardians and Wards Act for the custody

of the applicant’s minor son aged 3 years in Bayana . In this

regard, it was argued that the non-applicants filed the said

application just in order to harass the applicant and cause her

further agony. Furthermore, it was submitted that the applicant is

a poor lady and therefore, she is financially constrained from

travelling to Bayana on every date of hearing in the matter. It was

also argued that the applicant apprehends danger to her life and

liberty if she is made to travel to Bayana for the said proceedings.

Moreover, being a widowed lady, she has the sole responsibility of

looking after her minor son. Additionally, learned counsel

submitted that the applicant has no infrastructural support in

terms of family members who can accompany her to court

proceedings in Bayana. Therefore, it was urged that on account of

proximity in terms of distance and convenience of both the sides,

the matter be transferred to the District and Sessions Judge,

Dholpur for the efficacious disposal of the matter.

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[CTA-47/2022]

3.

Learned counsel for the non-applicants have

vehemently opposed the transfer application. It was submitted

that non-applicant No. 1 and 2 are senior citizens aged 62 and 57

years old respectively. Moreover, they are residents of Bayana,

District-Bharatpur. Therefore, it would be difficult for them to

commute from Bayana to Dholpur on every date of hearing in the

matter. In light of the same, it was urged that the present transfer

application be dismissed and the matter be retained before the

learned Additional District and Session Judge No.1, Bayana.

4.

Considering the