Allowed

Anju v. Ajay Singh

Rajasthan HC6 Apr 2023CTA/272/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a civil transfer application by a wife seeking to transfer her husband's matrimonial case from Jodhpur to Jaipur. The transfer was granted to avoid harassment and considering the wife's residence and convenience, following Supreme Court precedent.

What did the court decide?

Civil Misc. Case No. 475/2021 pending in Family Court No.1, Jodhpur Metro is transferred to Family Court No.1, Jaipur Metro-I, Jaipur.

Anju Vs Ajay Singh — Service and Employment | Rajasthan HC (2023)

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[2023/RJJD/009076]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 272/2022

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Anju W/o Ajay Singh D/o Sh. Rasbihari Singh, Aged About 49 Years, R/o Plot No 160, Santosh Nagar, Ganga Jamuna Petrol Pump Tiraha, Gopalpura Baipass, New Sanganer Road, Tehsil And District Jaipur.

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----Petitioner

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Versus

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Ajay Singh S/o Nen Singh, R/o 7 Golf Course Colony, Airforce, Jodhpur.

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----Respondent

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For Petitioner(s)	: Mr. Pramod Panwar for Mr. Rajvendra
	Saraswat
For Respondent(s)	: Nonepresent

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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06/04/2023

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The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Civil Misc. Case No. 475/2021 “Ajay Singh Vs. Smt. Anju” preferred by the respondent-husband pending in the Family Court No.1, Jodhpur Metro to the Family Court No.1, Jaipur Metro-I, Jaipur.

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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/009076]

[CTA-272/2022]

(2 of 4)

Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 3.12.1996 at Jaipur as per the Hindu rites and out of the wedlock, two children namely Jagrati and Krishna were born who are residing with the petitioner. Since the petitioner-wife was treated with mental and physical cruelty by the respondenthusband and was made to leave her matrimonial home, she moved applications under Section 125 Cr. P.C. seeking maintenance, Section 24 and Section 13 of the Hindu Marriage Act before the Family Court No.1, Jaipur Metropolitan-I, Jaipur, which are pending consideration. However, with a view to harass the petitioner and to counter blast the above proceedings, the respondent-husband has moved the application under Section 9 of the Hindu Marriage Act before the Family Court No.1, Jodhpur. It is submitted that the petitioner is living with her old aged parents at Jaipur. The distance between Jodhpur to Jaipur is 350 kilometers approximately. There is no male member in her family to accompany her to attend the case filed by her husband at Jodhpur. Therefore, it is very difficult for the petitioner to travel all alone from Jaipur to Jodhpur and defend the case instituted by the respondent husband. In these facts and circumstances, learned counsel submits that since the cases instituted by the petitionerwife as aforesaid are pending consideration before the Family Court No.1, Jaipur Metropolitan-I, Jaipur, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.1, Jodhpur Metro deserves to be transferred to Family Court No.1, Jaipur Metropolitan-I, Jaipur.

[2023/RJJD/009076]

[CTA-272/2022]

(3 of 4)

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, 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 Misc.Case No.475/2021 pending in the Family Court No.1, Jodhpur Metro titled as ‘Ajay Singh Vs. Smt. Anju’ be transferred to the Family Court No.1, Jaipur Metro-I, Jaipur. The Family Court No.1, Jodhpur Metro is directed to send the record of the aforesaid case to the Family Court No.1, Jaipur Metro-I, Jaipur immediately. The parties are directed to appear before the Family Court No.1, Jaipur Metro-

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(4 of 4) [CTA-272/2022]

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[2023/RJJD/009076]

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I, Jaipur on 28.4.2023. A copy of this order be sent to the Family Court No.1, Jodhpur Metro and Family Court No.1, Jaipur Metro-I, Jaipur forthwith.

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(YOGENDRA KUMAR PUROHIT),J

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95-RP/-

Anju v. Ajay Singh

Case brief

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Anju v. Ajay Singh

Case brief

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