Praveen Shekhawat vs Bhanwar Singh

The petitioner has preferred this transfer application under Section 24 CPC arising out of the matrimonial dispute.

Learned counsel for the petitioner submits that proceedings under Section 125 of Cr.P.C. bearing case No.126/2014 titled as Kumari Raj Shri Vs.

Bhanwar Singh is going on before the learned Family Court Jhunjhunu. Learned counsel for the petitioner further submits that other application arising

out of Section 125(3) of Cr.P.C. are filed before the learned Civil Judge and Judicial Magistrate Udaipurwati, Jhunjhunu. Learned counsel for the

petitioner further submits that the petitioner is having a minor daughter, thus, has to be extraordinary cautious while travelling to attend the

proceedings. It is also contended that petitioner and respondent have very cantankerous relationship, thus, there is a safety hazardous for the

petitioner.

Learned counsel for the respondent vehemently opposed the transfer application on the ground that it has been observed by the learned court below

that there are 17 cases going on against the present respondent lodged by the petitioner. Learned counsel for the respondent further submits that the

petitioner is consistently harassing the present respondent, and that, the petitioner does not have any difficulty in travelling. Learned counsel for the

respondent also submits that previously transfer petition was dismissed, however, could not deny the liberty given. It is also contended that in such

cases, where the lady is educated and a Government Servant and in a position to travel, the jurisdiction for transferring the case under Section 24 of

CPC should not be exercised, as far as possible.

Learned counsel for the petitioner has placed reliance on “Pratibha Kumari Vs. Mukesh Kumar Singh†reported in Vol.I(2014) DMC 546 (SC)

and “Asma Parveen Vs. Javed Bhatiâ€​ reported in 2018(2) DNJ (Raj.) 752.

On an overall consideration of the facts and circumstances of the case, and in light of the aforementioned precedent law, this Court deems it

appropriate to allow the present transfer application.

Consequently, the present transfer application is allowed and the Civil Original Case bearing No.99/2014 pending before the learned Additional

District Session Judge, Parbatsar, District Nagaur with requisite record, is ordered to be transferred to the learned Judge, Family Court Jhunjhunu

forthwith. Learned court below is, however, directed to decide the matter expeditiously.

Stay Petition stands disposed of accordingly.