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[CTA-96/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S. B. Civil Transfer Appl. No. 96/2020

1.

Smt. Hina Kaushar W/o Mohd. Anees D/o Akhlakh Admed,

aged about 28 years, B/c Nagori Silavat Muslim, R/o

Sakina Colony, Behind Gita Bhawan, Siwanchi Gate,

Jodhpur (Raj.)

2.

Alveera D/o Mohd. Anees, aged about 9 years, B/c Nagori

Silavat Muslim, R/o Sakina Colony, Behind Gita Bhawan,

Siwanchi Gate, Jodhpur (Raj.) through her natural mother

Smt. Hina Kaushar (Petitioner No. 1)

----Petitioners

Versus

1.

Mohd. Anees S/o Modh. Sabir, B/c Nagori Silavat Muslim,

R/o Indra Colony, Barmer, Tehsil and District Barmer

(Raj.)

2.

Smt. Rasida W/o Mohd. Sabir, B/c Nagori Silavat Muslim,

R/o Indra Colony, Barmer, Tehsil and District Barmer

(Raj.)

----Respondents

For Petitioner(s)

:

Mr. Salman Agha

For Respondent(s)

:

None present

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

04/04/2022

The instant application under Section 24 of the Code of Civil

Procedure, 1908 has been preferred by the petitioners, who are

wife and minor daughter of the respondent, seeking transfer of

the petition filed under Section 9 of the Guardian & Wards Act,

1890 (afterwards referred to as “the Act of 1890”), by the

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[CTA-96/2020]

respondent-husband bearing Case No. 33/2017 titled as “Mohd.

Anees Vs. Smt. Hina Kaushar” from the court of Additional District

Judge No. 1, Barmer to Family Court No. 1, Jodhpur Metropolitan.

No one is present on behalf of the respondent despite service

of notice.

As per averments made in transfer petition, the marriage

between the petitioner No. 1 and the respondent was solemnized

on 28.11.2010 as per Muslim customs. After marriage, the

petitioner No. 1 went to her matrimonial home and fulfilled her

matrimonial obligations. Out of said wedlock, the couple was

blessed with a girl child on 20.08.2011 and was named as Alveera.

When the petitioner No. 1 was pregnant, she was thrown out of

her matrimonial home by the respondent and his family members.

The girl child was born at Jodhpur at her parental house. Neither

the respondent nor his family members came to see new born

child and to take care of her. The respondent treated the

petitioner No. 1 with cruelty and was not ready to take back the

petitioner No. 1. Left with no other option, the petitioner No. 1

has filed an application under the provisions of the Protection of

Women from Domestic Violence Act, 2005, which is pending in the

court of Additional Civil Judge (Senior Division) No. 2, Jodhpur

Metropolitan. Similarly, the application under Section 125 of

Cr.P.C. was filed seeking monthly allowance of maintenance for

Alveera (petitioner No. 2 herein), which was allowed and the

recovery proceedings are pending in the Family Court No. 1,

Jodhpur. The respondent has challenged the order granting

maintenance before this Court. However, the same was enhanced

from Rs. 800/- to Rs. 5,000/- per month. Thereafter, in order to

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[CTA-96/2020]

harass the petitioner No. 1, the respondent has filed the petition

under Section 9 of the Act of 1890 before the court of Additional

District Judge No. 1, Barmer. The petitioners have preferred this

transfer petition on the grounds that the petitioner No. 1 is

residing at Jodhpur and she is under constant threat of her life.

The respondent is financially sound person, whereas, father and

mother of the petitioner No. 1 are old persons and not able to

travel with the petitioner No. 1 from Jodhpur to Barmer to attend

the court proceedings. The distance between Barmer to Jodhpur

is about 200 kms. It is not possible for the petitioner No. 1 to

travel alone and attend the court proceedings at Barmer.

Therefore, in the interest of justice, the petitioners have prayed to

allow the transfer petition.

The averments made in the transfer petition have not been

controverted by the respondent.

H