SMT. JYOTI SARANGDAWOT Vs. KAMLENDRA SINGH

JUDGEMENT

(1.) This Transfer Application under sec.24 CPC has been filed for transfer of Civil Case No. 44/2017 (Kamlendra Singh v. Smt Jyoti Sarangdawot) , filed by the respondent under sec.13 of the Hindu Marriage Act, pending before District Judge, Jalore to the court of Family Judge, Udaipur.

(2.) Briefly stated, marriage between the parties was solemnized on 25.11.2007. During subsistence of the marriage, a son was born to them on 29.09.2008. There arose some dispute between husband and wife and relation between both deteriorated day-byday. The respondent and his family members harassed her for demand of more dowry and committed cruelty upon her. A criminal case was lodged against the respondent alleging demand of dowry and cruelty, at the Women Police Station, Udaipur City, wherein after investigation, charge-sheet has been filed against the respondent-husband. The petitioner has also filed proceedings for maintenance under sec. 125 CrPC and a case under provisions of the Protection of Women from Domestic Violence Act before competent court at Udaipur.

(3.) It was contended that the respondent started demanded dowry and committed cruelty upon the petitioner and after some time, turned out the petitioner from her matrimonial home, by keeping her ornaments and dowry articles. The respondent has filed an application under sec. 13 of the Hindu Marriage Act before District Judge, Jalore against the petitioner in order to save his skin in the aforesaid criminal case lodged by petitioner against him. It was also contended that the relation between the parties were not cordial and respondent threatened the petitioner that if she will appear in the court at Jalore then she will have to face severe consequences. It was also contended that it is not possible for a lady to travel all alone a distance of more than 150-200 kms from Udaipur to Jalore, particularly under the circumstances that she has received threats from the respondent.