Petitioner wife sought transfer of pending divorce proceeding filed by respondent husband from Family Court Sirohi to Jalore under Section 24 CPC. High Court allowed transfer, citing convenience and prior precedents, directing notice to parties in the new court.
Transfer of Civil Misc. Case No. 83/2018 from Family Court Sirohi to Family Court Jalore.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Civil Transfer Appl. No. 124/2019
Maya Kumari W/o Sh. Prakash Kumar D/o Mohan Lal, , aged about 33 years, B/c Garg, R/o Ramdev Colony, Dist. Jalore (Raj.)
----Petitioner
Versus
Prakash Kumar S/o Pukhraj, B/c Garg, R/o V/P Meghwal Was, Jawal, Tehsil and District Sirohi (Raj.)
----Respondent
For Petitioner(s) : Dr. H.R. Rawal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/09/2019
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[CTA-124/2019]
difficult for the petitioner to attend the court proceedings before the Family Court at Sirohi.
“ 24. General power of transfer and withdrawal. -
(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-
(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
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or
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[CTA-124/2019]
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
(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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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 .
(VINIT KUMAR MATHUR),J
30-Inder/-
2 issues framed by the court
Whether the transfer application for pending divorce proceedings to the wife's residence under Section 24 CPC is maintainable and justified.
Whether the High Court can invoke its powers under Section 24 CPC to transfer a matrimonial matter without issuing notice to the opposite party.
Colour shows how this judgement treated each authority
Sumita Singh Vs. Kumar Sanjay & Ors.Referred¶17
Sumita Singh Vs. Kumar Sanjay & Ors., (2001) 10 SCC 41 · Who else cites this
Sarkar (Shome) Vs. Pardip SarkarReferred¶17
Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition (Civil) No.622/2007]
Manju Varma Vs. State of U.P. and Ors.Referred¶17
Manju Varma Vs.State of U.P. and Ors. [Civil Appeal No. 8290 of 2002]
Arti Rani @ Pinki Devi Vs. Dharmendra Kumar GuptaReferred¶17
Arti Rani @ Pinki Devi Vs. Dharmendra Kumar Gupta, (2008) 9 SCC 353 · Who else cites this
Bhanu Kumari Vs. Jitendra Singh & Ors.Referred¶37
Bhanu Kumari Vs. Jitendra Singh & Ors., 2007(2) RLW (Raj.) 1077
2 provisions across 2 enactments
Maya Kumari
Prakash Kumar
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
