Allowed

Rakhi Jain v. Ajeet Kumar Jain

Rajasthan HC16 May 2018CTA/65/2015

Case brief

AI extract

What is this about?

In this transfer application, the petitioner sought transfer of a case from Family Court, Bhilwara to Family Court, Udaipur citing her residence and work commitments in Udaipur. The single-judge bench, considering the convenience of the parties and referencing previous High Court precedent, allowed the transfer.

What did the court decide?

Transfer of Case No.33/2015 from Family Court, Bhilwara to Family Court, Udaipur.

Rakhi Jain Vs Ajeet Kumar Jain — Civil Procedure and Limitation | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 65 / 2015

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Rakhi Jain W/o Shri Ajeet Kumar Jain, By Caste Jain, Resident of Plot No.46-47, Mahavir Colony, Bedla Road, Amrit Nagar, Udaipur.

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----Petitioner

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Versus

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Ajeet Kumar Jain S/o Shri Heera Lal, By Caste Jain, Resident of Raja Ji Ka Kareda, Kundd ka Darwaja, Tehsil Mandal, P.S. Mandal, District Bhilwara.

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----Respondent

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For Petitioner(s) : Mr. HS Shrimali For Petitioner(s) : None present

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JUSTICE DINESH MEHTA

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Order

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16/05/2018

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Nobody appears on behalf of respondent despite service of the notice.

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By way of present transfer application under Section 24 of the Code of Civil Procedure, the petitioner has sought transfer of Case No.33/2015 (Ajeet Kumar Vs. Rakhi Jain) from Family Court, Bhilwara to Family Court, Udaipur.

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Mr. Shrimali, learned counsel for the petitioner, narrating the facts of the case in brief, stated that the petitioner contacted marriage with the respondent way back in 2001, however their matrimonial relation strained to such an extent that they had to start living separately from 01.01.2013. He submitted that the petitioner is living all alone in Udaipur with her two young children and making her livelihood through providing domestic help.

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(2 of 4)

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[CTA-65/2015]

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Mr. Shrimali, learned counsel for the petitioner informed that

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the petitioner has filed a case under Section 125 Cr.P.C, seeking maintenance, which is pending in the Competent Court at Udaipur, whereas the respondent – husband has filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights at Bhilwara.

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He argued that for a lady engaged in small work providing domestic help, it very difficult to attend the hearing at Bhilwara as there is nobody to take care of her two children. He submitted that if present case is transferred to Family Court, Udaipur it would not put the respondent – husband to inconvenience as he is otherwise contesting the case filed by her.

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In view of the aforesaid facts situation, this Court is of the considered opinion that transfer the present case from Family Court, Bhilwara to Family Court, Udaipur will meet the ends of justice.

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My aforesaid views are fortified by the judgment rendered by this Court in case of Smt. Vinita Vs. Himanshu , reported in AIR 2017 Raj 102, relevant part whereof is being reproduced hereunder :-

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“It is, therefore, felt imperative to examine and explore the necessary principles governing transfer applications, filed by families, entangled in forensic fights, while invoking powers conferred upon this Court by Section 24 of the Code of Civil Procedure, 1908.

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According to this Court, the provisions of Section 24 of the Code provides a great deal of discretion in the

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(3 of 4)

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[CTA-65/2015]

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court, however, such discretion is required to be exercised on the basis of sound principles. It is true that the discretionary power, more particularly, the jurisdiction in relation to transfer of cases, can not be imprisoned or bound within a straight jacket or castiron formula, uniformly applicable to all situations, yet the courts are required to be mindful of the fact that the power to transfer a case must be exercised with due care, caution and circumspection.

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Keeping in mind the provisions and mandate of Sections 24 and 25 of the Code, various judicial pronouncements have laid down broad propositions as to what may constitute a ground for transfer of a case. Generally speaking, they are, balance of convenience or inconvenience to the plaintiff or defendant or witnesses; convenience or inconvenience arising out of a particular place of trial, having regard to the nature of evidence or the points involved in the case; issues raised by the parties; and, reasonable apprehension in the mind of a litigant that he might not get justice in the court, where the proceedings are pending, or reasonable apprehension of failure of justice on the basis of a proven bias. These few factors are some of the aspects, germane in considering the question of transfer of a suit, appeal or other proceedings.

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It may be true that distance alone may not be decisive factor but it has its own role while considering the convenience of the parties, particularly, a wife. Court should focus on the convenience rather than redressal or mitigating against inconvenience. Convenience itself is a vital factor, to be reckoned while deciding a Transfer Petition.”

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In view of the above, the Case No.33/2015 (Ajeet Kumar Vs.

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(4 of 4)

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[CTA-65/2015]

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Rakhi Jain) is withdrawn from the Family Court, Bhilwara and transferred to Family Court, Udaipur.

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A copy of this order be sent to the Family Court, Udaipur as well as Family Court, Bhilwara for information and transmission of record.

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The present transfer application stands allowed.

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(DINESH MEHTA), J.

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Himanshu/- 8

Rakhi Jain v. Ajeet Kumar Jain

Case brief

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Rakhi Jain v. Ajeet Kumar Jain

Case brief

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