Allowed

Vimla Kanwar v. Shambhu Singh

Rajasthan HC27 Mar 2023CTA/248/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the transfer of a suit for dissolution of marriage instituted by the wife, originally pending in Jodhpur, to Family Court, Pali, given her residence, health, and financial status.

What did the court decide?

Civil Original Case No.259/2022 transferred from Family Court No.1, Jodhpur to Family Court, Pali with directions to send records and appear before the latter.

Vimla Kanwar Vs Shambhu Singh — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/007578]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 248/2022

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Vimla Kanwar W/o Shambhu Singh, Aged About 40 Years, By Caste Ravna Rajput, R/o Sunder Nagar, Manglam School Ke Paas, Tehsil And District Pali Rajasthan.

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----Petitioner

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Versus

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Shambhu Singh S/o Shri Devi Singh, Aged About 42 Years, By Caste Ravna Rajput, R/o Subhash Colony, Bhagat Ki Kothi, District Jodhpur Rajasthan.

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----Respondent

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For Petitioner(s)	: Mr. Tejmal Ranka
For Respondent(s)	: Nonepresent despite service

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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27/03/2023

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The petitioner-wife has filed the present civil transfer application seeking transfer of Civil Original Case No.259/2022 "Shambhu Singh Vs. Vimla Kanwar” preferred by the respondenthusband under Section 9 of the Hindu Marriage Act pending in the Family Court No.1, Jodhpur to the Family Court, Pali.

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None present for the respondent despite service of notice.

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

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Learned counsel for the petitioner submitted that since the petitioner-wife was treated cruelly by the respondent-husband and was turned out from matrimonial home, she preferred an application before the Family Court, Pali seeking dissolution of

[2023/RJJD/007578]

[CTA-248/2022]

(2 of 3)

marriage, which is pending. However, with a view to harass the petitioner, the respondent-husband has preferred application under Section 9 of the Hindu Marriage Act before the Family Court No.1, Jodhpur seeking restitution of conjugal rights. The petitioner-wife is living at Pali alongwith her children. It is further submitted that the petitioner-wife is not having stable job and is performing the work of preparing food at some houses. Recently the petitioner has been operated for removing stone in Gall Bladder, therefore, now she is not in a position to travel. The distance between Pali to Jodhpur is 75 Kilometers. Thus, in the facts and circumstances of the case and looking to the physical as well as the poor financial condition of the petitioner-wife, learned counsel submitted that in the interest of justice the Civil Original Case No.259/2022 “Shambhu Singh Vs. Vimla Kanwar” pending in the Court of Family Court No.1, Jodhpur deserves to be transferred to the Family Court, Pali.

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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) decided on 18.7.2022, while considering transfer of matrimonial 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,

(3 of 3)

[2023/RJJD/007578]

[CTA-248/2022]

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.259/2022 “Shambhu Singh Vs. Vimla Kanwar” pending before Family Court No.1, Jodhpur be transferred to Family Court, Pali. The Family Court No.1, Jodhpur is directed to send the record of the aforesaid case to the Family Court, Pali immediately. The parties are directed to appear before the Family Court, Pali on 20.4.2023. A copy of this order be sent to the Family Court, Pali and Family Court No.1, Jodhpur forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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115-AnilKC/-

Vimla Kanwar v. Shambhu Singh

Case brief

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Vimla Kanwar v. Shambhu Singh

Case brief

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