Allowed

Urmila Kunwar v. Narpat Singh

Rajasthan HC5 Apr 2023CTA/13/2023

Case brief

AI extract

What is this about?

In a transfer application, the High Court of Rajasthan considered the pleadings of the wife seeking transfer of matrimonial proceedings instituted by the husband to Sirohi. Relying on Supreme Court principles regarding the wife's convenience, it directed the transfer of Case No. 99/2022 from Jalore to Sirohi.

What did the court decide?

Civil Original Case No. 99/2022 pending in Family Court, Jalore was transferred to Family Court, Sirohi, with directions for immediate remittance of records and appearance before Sirohi court.

Urmila Kunwar Vs Narpat Singh — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/008919]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 13/2023

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Urmila Kunwar W/o Narapat Singh Q, Aged About 28 Years, D/o Shri Jabbar Singh, R/o Street Behind Post Office, Barloot, Distt. Sirohi. (Raj.)

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Niku Kunwar D/o Narpat, Aged About 3 Years, Resident Of Barloot, Distt. Sirohi. (Rajasthan),through Natural Guardian Mother Petitioner No. 1)

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Parasawa D/o Narpat, Aged About 2 Years, Resident Of Barloot, Distt. Sirohi. (Rajasthan), Through Natural Guardian Mother Petitioner No. 1)

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----Petitioners

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Versus

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Narpat Singh S/o Shri Badari Singh Ji, Aged About 32 Years, R/o Indra Colony, Ahore, Distt. Jalore (Rajasthan)

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----Respondent

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For Petitioner(s) : Mr. Rajesh Shah For Respondent(s) : None present despite service.

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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05/04/2023

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The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Civil Original Case No. 99/2022 “Narpat Singh Vs. Smt. Urmila Kunwar” preferred by the respondent-husband pending in the Family Court, Jalore to the Family Court, Sirohi.

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None present for the respondent-husband despite service of notice.

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Heard learned counsel for the petitioner and perused the material available on record.

[2023/RJJD/008919]

[CTA-13/2023]

(2 of 3)

Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 15.4.2015 at Barloot, District Sirohi. Since the petitioner-wife was treated with mental and physical cruelty by the respondent-husband and was turned out of her matrimonial home, she moved two applications under the provisions of Protection of Women from Domestic Violence Act before the competent Court at Sirohi. However, with a view to harass the petitioner, the respondent-husband has moved the application under Section 9 of the Hindu Marriage Act before the Family Court, Jalore. It is submitted that the petitioner is living with her parents at Sirohi along-with her two minor children. The petitioner is not having sufficient means of income to bear the travelling expenses. Therefore, it is very difficult for the petitioner to travel along with her two minor children all alone from Sirohi to Jalore and defend the case instituted by the respondent husband. In these facts and circumstances, learned counsel submits that in the interest of justice, the case filed by the respondent-husband pending before Family Court, Jalore deserves to be transferred to Family Court, Sirohi.

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It is settled law that while considering transfer of case in matrimonial proceedings instituted by the husband, the convenience of the wife is to be looked into. In this regard, recently, Hon’ble the Supreme Court in the matter of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha , (Civil Appeal No.4894/2022 arising out of SLP (C) No.16465/2021)

(3 of 3)

[2023/RJJD/008919]

[CTA-13/2023]

decided on 18.7.2022, while considering transfer of matrimonial

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case under Section 24 CPC, has observed as under:-

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“The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

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Having considered the submissions made on behalf of the petitioner, looking to the facts and circumstances of the case noticed above and the settled position of law by the Hon’ble Supreme Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that Civil Original Case No.99/2022 pending in the court of Family Court, Jalore titled as ‘Narpat Singh Vs. Smt. Urmila Kunwar’ be transferred to the Family Court, Sirohi. The Family Court, Jalore is directed to send the record of the aforesaid case to the Family Court, Sirohi immediately. The parties are directed to appear before the Family Court, Sirohi on 28.4.2023. A copy of this order be sent to the Family Court, Jalore and Family Court, Sirohi forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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159-RP/-

Urmila Kunwar v. Narpat Singh

Case brief

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Urmila Kunwar v. Narpat Singh

Case brief

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