Allowed

Rekha v. Jairam

Rajasthan HC13 Sept 2019CTA/101/2019

Case brief

AI extract

What is this about?

High Court allowed a transfer application seeking to move a pending Section 9 matrimonial dispute from Family Court, Udaipur, to Family Court, Jodhpur. The court noted the petitioner-wife's residence in Jodhpur and lack of family support to travel, invoking Section 24 CPC to facilitate disposal.

What did the court decide?

The petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, Civil Misc. Case No. 211/2019, pending in Family Court, Udaipur, is transferred to Family Court, Jodhpur.

Rekha Vs Jairam — Matrimonial and Divorce | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Civil Transfer Appl. No. 101/2019

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Smt. Rekha W/o Jairam D/o Bachnaram, Aged About 29 Years, B/c Jat, R/o Budkiya, Tehsil Bhopalgarh, District Jodhpur.

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----Petitioner

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Versus

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Jairam S/o Jogaram, B/c Jat, R/o Quarter No. 7, First Floor, Police Station Bhopalpura, District Udaipur.

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----Respondent

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For Petitioner(s) : Mr. Paramveer Singh Champawat

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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13/09/2019

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The present transfer application has been moved by the petitioner-wife seeking transfer of petition filed by the respondenthusband under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act of 1955”) being Civil Misc. Case No. 211/2019 (Jairam Vs. Smt. Rekha) pending in the Family Court, Udaipur to the Family Court, Jodhpur by invoking Section 24 of the Code of Civil Procedure, 1908.

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Heard.

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Learned counsel for the petitioner-wife submits that the petitioner was married to the respondent about 12 years ago. After their marriage, the relationship between the petitioner and the respondent was not cordial. The petitioner was subjected to maltreatment and cruelty. In the circumstances, the petitioner left the matrimonial home and started living with her parents at

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(2 of 5)

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[CTA-101/2019]

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Village Budkiya, Tehsil Bhopalgarh, District Jodhpur. Learned counsel further submits that the petitioner has also lodged an F.I.R. against the respondent at Police Station Bhopalgrah, District Jodhpur Rural for the offences under Sections 323, 406 and 498-A of I.P.C. on 18.03.2019. Learned counsel further submits that the respondent has filed the petition under Section 9 of the Act of 1955 being Civil Misc. Case No. 211/2019 which is pending adjudication before the Family Court at Udaipur. The petitioner is living with her parents, who are old and infirm. There is no one in her family, who can accompany her to attend the court proceedings at Udaipur and therefore, it is difficult for the petitioner to travel from Jodhpur to Udaipur for attending the proceedings in the petition filed by the respondent-husband and therefore, he prays that the case pending before the Family Court, Udaipur may be transferred to the Family Court at Jodhpur.

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The grounds raised as above for transfer of matrimonial matter has been time and again accepted as valid and justified grounds for transfer of case to the place where the wife is residing by this Court as well as by the Hon’ble Supreme Court in Sumita Singh Vs. Kumar Sanjay & Ors. , reported in (2001) 10 SCC 41; Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition (Civil) No.622/2007 decided by Supreme Court on 10.11.2008] ; Manju Varma Vs.State of U.P. and Ors. [Civil Appeal No. 8290 of 2002 decided by the Supreme Court on 17.11.2004] and ; Arti Rani @ Pinki Devi Vs. Dharmendra Kumar Gupta , reported in (2008) 9 SCC 353 .

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Section 24 CPC reads as under:-

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“ 24. General power of transfer and withdrawal. -

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(3 of 5)

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[CTA-101/2019]

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(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

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(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

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(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-

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(i) try or dispose of the same; or

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(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

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(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

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(3) For the purposes of this section,-

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(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

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(b) “proceeding” includes a proceeding for the execution of a decree or order.

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(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

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(4 of 5)

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[CTA-101/2019]

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(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.”

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It is noticed that Section 24 of C.P.C. does not require it necessary to issue notice to the other side and this Court, on its own motion or on being satisfied at any stage, pass appropriate orders for transfer of the concerned case. Similar view has been taken by this Court in Bhanu Kumari Vs. Jitendra Singh & Ors., reported in 2007(2) RLW (Raj.) 1077 .

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This Court also notices that in normal course, transfer petitions are filed in this Court and they remain pending for years as service is avoided by the other side. In some cases, interim orders are passed by the Court resulting in the matrimonial matter remaining undecided in the concerned family court.

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Thus, in the interest of justice and with the purpose of expeditious disposal of the matter as also considering the submissions that since the petitioner is living with her parents at Village Budkiya, Tehsil Bhopalgarh, District Jodhpur and there is no one in her family to accompany her for attending the court proceedings at Udaipur, this Court invokes its power under Section 24 of C.P.C. and deems it appropriate to allow present transfer application and directs the transfer of concerned case to the place, as prayed for in the application filed by the petitioner-wife.

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Accordingly, the present transfer petition is allowed and the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 211/2019 (Jairam Vs. Smt. Rekha) pending in the Family Court, Udaipur is transferred to the Family Court at Jodhpur with a direction to the concerned Family Court, where the case is transferred, to give

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(5 of 5)

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[CTA-101/2019]

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notice to both the parties of the date on which they have to remain present before it.

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(VINIT KUMAR MATHUR),J

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12-Inder/-

Rekha v. Jairam

Case brief

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Rekha v. Jairam

Case brief

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