Court No. - 1
Case :- TRANSFER APPLICATION (CIVIL) No. - 292 of 2021 Applicant :- Smt. Charu Paliwal Opposite Party :- Sharad Paliwal And Another Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- Lavkush Kumar Bhatt
Hon'ble J.J. Munir,J.
1. This is a transfer application, under Section 24 CPC, seeking transfer of Original Suit no.112 of 2021, Sharad Paliwal vs. Charu Paliwal and another, from the Court of the Civil Judge (Senior Division), Farrukhabad to a Court of competent jurisdiction in the judgeship of Aligarh or any other district nearby.
2. Heard Mr. Devesh Kumar Shukla, learned Counsel for the applicant and Mr. Lavkush Kumar Bhatt, learned Counsel appearing on behalf of the opposite parties.
3. The applicant, Smt. Charu Paliwal and her husband (non- party), Saurabh Paliwal were married according to Hindu rites on 28.11.2012. There are allegations that the applicant was treated with cruelty by her husband and members of his family in connection with demand for dowry. The husband and his family demanded more dowry, including an Innova Car. It is asserted that when the family members of the applicant could not meet those extravagant demands, the applicant was thrashed and thrown out of her matrimonial home. She was asked to come back to her in-laws after her parents gave her an Innova Car. It is asserted that finding herself cornered, the applicant went over to her parents' home at Aligarh, where she is presently staying. It is averred that the parents persuaded her to go back her in-laws and stay with them. After her arrival back to her in-laws, her father came over and told the in-laws that he could not meet their exorbitant demands. They have threatened the applicant's father and abused him in filthy language. The applicant's father was also threatened with implication in false criminal cases.
4. It is averred that the applicant purchased agricultural land, bearing gata nos.64, 66 and 67 from opposite party no.2, Smt. Krishna Paliwal, her mother-in-law through a registered sale deed dated 17.12.2018. The land aforesaid was purchased for a valuable sale consideration of Rs.1 lakh. On 17.02.2021, opposite party no.1, who is her husband's brother and son of the vendor, her mother-in- law, filed a suit for cancellation of the registered sale deed dated 17.12.2018 before the Civil Judge (Sr. Div.), Farrukhabad. The aforesaid suit has been registered on the file of the learned Civil Judge (Sr. Div.), Farrukhabad as Original Suit no.112 of 2021. It is this suit, which the applicant seeks transfer of, from Farrukhabad to Aligarh. The reason is that during this period of time, she has left her in-laws compelled by circumstances and moved over to Aligarh to stay with her parents. It is difficult for her to defend proceedings at Farrukhabad attending on the date fixed there.
5. Now, there are a number of cases pending between the applicant and her husband, that include a petition for restitution of conjugal rights instituted by the husband at Farrukhabad, which has been ordered to be transferred by my order of date from Farrukhabad to Aligarh. In addition, there is a case under Section 125 Cr.P.C. and another under Section 12 of the Domestic Violence Act pending at Aligarh between the applicant and her husband. The said litigation shows that the relationship between parties to the suit, which is otherwise a purely civil dispute, have a background of bitter matrimonial disharmony.
6. Learned Counsel for the opposite parties submits that this suit is not a matrimonial cause and there is no reason to transfer the suit to Aligarh. The applicant, like any other litigant, must contest the suit, wherever its territorial jurisdiction lies.
7. It is true that the suit sought to be now transferred is not a matrimonial cause between the spouses. Nevertheless, the circumstances of the applicant, as these appear, are that she has no one at home, except an old and aged father aged 69 years. It is very difficult for her to travel the distance of 200 kilometers from Aligarh to Farrukhabad on all the date fixed. On the other hand, the first opposite party, who is the plaintiff of the suit, is an able-bodied man and can conveniently prosecute the suit at Aligarh. It also appears that the applicant has some kind of a threat perception to her life, which is not hard to believe in the circumstances that the first opposite party is her estranged husband's brother. There is severe embitterment between parties on account of the applicant's differences with her husband and the litigation arises out of those differences. In the circumstances if the applicant feels unsafe at Farrukhabad, it can hardly be dismissed as a mere apprehension.
8. In the totality of circumstances, this Court is of opinion that the plea of transfer deserves to be accepted. This application succeeds and is allowed. Original Suit no.112 of 2021, Sharad Paliwal vs. Charu Paliwal and another, pending before the Civil Judge (Senior Division), Farrukhabad is withdrawn from the file of the learned Civil Judge (Sr. Div.), Farrukhabad and ordered to be transferred to the learned District Judge, Aligarh forthwith. The learned District Judge, Aligarh shall proceed to assign the suit to a Court of competent jurisdiction in the judgeship of the Aligarh. The Trial Judge, to whomsoever the suit is assigned, shall proceed to try and determine the same in accordance with law, expeditiously.
9. Let a copy of this order be communicated to the Civil Judge (Sr. Div.), Farrukhabad through the District Judge, Farrukhabad and to the District Judge, Aligarh by the Registrar (Compliance).
Order Date :- 22.9.2021 Brijesh Maurya/ Anoop (J.J. Munir, J.) Note: Since my digital signature has expired and its renewal will take some time, the print out of the order has been taken and has been manually signed by us. This copy be uploaded with the stipulation as and when the digital signature is renewed or a fresh digital signature is obtained, the digital signature copy be uploaded after deleting the scanned copy.