Smt. Anju Goyal vs Rajneesh Goyal

Kailash Chandra Joshi

This civil transfer petition has been filed by petitioner Smt. Anju Goyal for transfer of Case No. 322/2011 (Rajneesh Goyal Vs. Anju Goyal), which is an application u/s 9 of the Hindu Marriage Act pending before the Family Court No. 1, Jaipur. The brief facts of the case as set out in the transfer petition are that the marriage of petitioner Anju Goyal and non-petitioner Rajneesh Goyal was solemnized on 21.02.2000 at Jodhpur as per Hindu rites and customs. From the wedlock of the petitioner and non-petitioner a female child namely Anjalika took birth. Thereafter non-petitioner and his family members started harassing the petitioner and she was subjected to domestic violence. It is further alleged that the non-petitioner and his family members made demand of dowry and pressurized the petitioner for the same. When the parents of the petitioner could not fulfil the demand of dowry, the petitioner was turned out of her matrimonial house and she was forced to live with her parents. The petitioner then submitted a complaint against the non-petitioner and his family members under the Domestic Violence Act, which is pending at Jodhpur. The petitioner also filed an application u/s 13 of the Hindu Marriage Act against the non-petitioner seeking decree of divorce. The said application is pending in the Family Court, Jodhpur. The non-petitioner has filed an application u/s 9 of the Hindu Marriage Act against the petitioner before the Family Court No. 1, Jaipur bearing Case No. 322/2011 and the petitioner has received the notice of the same. The petitioner has preferred this transfer petition for transfer of the aforesaid case to the Family Court, Jodhpur.

The learned counsel for the petitioner contended that the petitioner is a poor lady residing at Jodhpur. She is having financial difficulties and has no sufficient means to attend the case at Jaipur. It is submitted that it is very difficult for lady to go to Jaipur on each and every date of hearing alone and she is apprehending danger to her life from the non-petitioner and his family members. It is submitted that the non-petitoner is putting appearance in cases pending at Jodhpur and divorce petition is also pending at Family Court Jodhpur, thus, if the application u/s 9 of the Hindu Marriage Act filed by the non-petitioner is transferred to the Family Court, Jodhpur, there will be no hardship to the non-petitioner.

The non-petitioner has failed to appear even after service of notice upon his father.

I have perused the facts pleaded in the transfer petition. It has been pleaded in the petition that in addition to inconvenience, the petitioner also has apprehension for her security.

I have considered the contentions raised by the learned counsel for the petitioner. The Hon''ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay (2001) 10 SCC 41 observed that if an application is filed by husband, then wife''s convenience must be looked at and held that circumstances indicted in the judgment are sufficient to make the transfer petition absolute.

No doubt the distance between Jodhpur and Jaipur is about 350 kms. and it is difficult for a lady residing at Jodhpur to attend the case at Jaipur alone. In these circumstances, I think it fit and proper to transfer the above case from the Family Court No. 1, Jaipur to the Family Court No. 1, Jodhpur.

Consequently, this transfer petition is allowed. The case filed by the non-petitioner husband u/s 9 of the Hindu Marriage Act bearing Case No. 322/2011 (Rajneesh Goyal Vs. Smt. Anju Goyal) pending before the Family Court No. 1, Jaipur is transferred to the Family Court No. 1, Jodhpur. The Family Court No. 1, Jaipur is directed to transfer the above case to the Family Court No. 1, Jodhpur and the Judge, Family Court No. 1, Jodhpur is directed to decide the same expeditiously in accordance with law. A copy of this order be sent to both the courts mentioned above for information and compliance. A copy of this order also be sent to the non-petitioner.