Allowed

Swati Paliwal v. Neeraj @ Tejas Paliwal

Rajasthan HC11 Sept 2019CTA/127/2019

Case brief

AI extract

What is this about?

The High Court allowed a transfer application under Section 24 CPC, directing that the divorce petition filed by the respondent-husband in Jodhpur be transferred to the Family Court in Jaipur where the petitioner-wife resides, citing convenience and interest of justice.

What did the court decide?

Order allowing transfer of Civil Misc. Case No. 395/2018 from Family Court No. 1, Jodhpur to Family Court First, Jaipur.

Swati Paliwal Vs Neeraj @ Tejas Paliwal — Civil Procedure and Limitation | 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. 127/2019

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Swati Paliwal W/o Shri Neeraj @ Tejas Paliwal D/o Late G.K. Tiwari, aged about 36 years, B/c Brahmin, R/o A-143, Tara Nagar, Jhotwara, Near Ganesh Mandir, Narmada Path, Kalwar Road, Jaipur, Rajasthan.

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----Petitioner

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Versus

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Neeraj @ Tejas Paliwal S/o Shri Mohan Lal Paliwal, R/o 11/530, Chopasani Housing Board, Jodhpur, Rajasthan.

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----Respondent

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For Petitioner(s) : Mr. Sachin Bhati

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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11/09/2019

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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 13 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 395/2018 (Neeraj @ Tejas Paliwal Vs. Smt. Swati Paliwal) pending in the Family Court No. 1, Jodhpur to the Family Court First, Jaipur 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 in the year 2011 but because of the strained relationship in the marital life of the parties, they are living separately and various litigations are pending between them in the courts of law at Jaipur. The respondent- husband is attending the court proceedings at Jaipur

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(2 of 4)

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[CTA-127/2019]

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but he has filed the petition under Section 13 of the Act of 1955 before the Family Court No. 1, Jodhpur. Learned counsel further submits that it is difficult for the petitioner to travel from Jaipur to Jodhpur for attending the proceedings in the divorce petition filed by the respondent-husband. Since the petitioner is living with her old and infirm mother and her father had passed away a few years back and there is no other person to look after her old mother and therefore, it is arduous for the petitioner to attend the hearings in the divorce petition at Family Court No. 1, 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 . 5. Section 24 CPC reads as under:-

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“ 24. General power of transfer and withdrawal. -

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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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(3 of 4)

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[CTA-127/2019]

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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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(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

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(4 of 4)

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[CTA-127/2019]

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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, 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 13 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 395/2018 (Neeraj @ Tejas Paliwal Vs. Smt. Swati Paliwal) pending in the Family Court No. 1, Jodhpur is transferred to the Family Court First, Jaipur with a direction to the Family Court First, Jaipur, where the case is transferred, to give 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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15-Inder/-

Swati Paliwal v. Neeraj @ Tejas Paliwal

Case brief

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Swati Paliwal v. Neeraj @ Tejas Paliwal

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