SAWITA Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) THE petitioner Smt Sawita has filed this transfer petition under s. 24 C. P. C. read with sec. 21-A of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for transferring Case No. 133/83: Chandra Prakash vs. Smt. Sawita, pending in the court of District Judge, Bharatpur, to the court at Jaipur and to consolidate the same with Case No. 130/83, pending in the court of District Judge, Jaipur City Jaipur.

(2.) BRIEF facts leading to this petition are: that Smt. Sawita, the petitioner was married to Chandra Prakash, the non-petitioner, on 27. 11. 82 at Jaipur according to Hindu rites. The case of the petitioner is that after their marriage, the parties lived together at Bhusawar upto 21. 8. 83. Before the marriage, the petitioner's father had given Rs. 21000/- and other valuable articles including jewellery to the non-petitioner. The non petitioner and his father wanted to have a Scooter from the petitioner's father. This demand could not be met. Thus, after few months of the marriage, the non-petitioner and his father started mal-treating the petitioner and on her refusal to bring scooter, her life was made miserable and she became sick. It has been further alleged that on 21. 8. 83, the petitioner's father-in-law and her husband left her at her maternal uncle's house at Jaipur without speaking anything to the maternal-uncle. The non-petitioner and his father started making false and frivolous charges against the petitioner and her father. A notice was received by the petitioner and her father from the Advocate of the non-petitioner. In this notice, it was alleged that the petitioner was mentally sick. A reply was sent to the said notice by the Advocate of the petitioner, in which it was clearly mentioned that an application under s. 9 of the Act for restitution of conjugal rights was filed by the petitioner. The petitioner had submitted an application for restitution of conjugal rights under s. 9 of the Act on 11. 10. 83 in the court of the District Judge, Jaipur. The non-petitioner, having come to know that the petitioner has already filed an application under s. 9 of the Act and in order to harass the petitioner and her father, filed another petition under s. 12 of the Act on 28,10. 83 in the court of District Judge, Bharatpur for declaring the marriage between the parties, an null and void.

(3.) I see no force in the contention of Mr. Gupta, learned counsel for the non-petitioner in this regard that when special a provision like s. 21-A, has been provided by the Legislature in the Hindu Marriage Act, then, no general power of transfer contained in s 24, C. P. C. can be exercised by the High Court, even though it may be a fit case for transfer.