Allowed

Mona Sen v. Dilip

Rajasthan HC8 May 2023CTA/67/2020

Case brief

AI extract

What is this about?

The High Court allowed a civil transfer application filed by a wife seeking transfer of her husband's dissolution petition from Family Court, Rajsamand to Family Court, Pali. The Court held that given the wife's residence in Pali and pending maintenance suit there, along with the distance and harassment faced, transfer was in the interest of justice.

What did the court decide?

Case No. 477/2019 pending in Family Court, Rajsamand be transferred to Family Court, Pali, with record sent immediately and parties directed to appear on 30.05.2023.

Mona Sen Vs Dilip — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Transfer Appl. No. 67/2020

¶3

Mona Sen W/o Shri Dilip Ji, Aged About 26 Years, D/o Shri Parasmal Ji, B/c Nai, R/o Main Mandia Road, Gurlai Marg, Pali (Rajasthan)

¶4

Naman S/o Shri Dilip Ji, Aged About 1 Years, Minor Through His Natural Guardian Mother Applicant No. 1, Smt. Mona Sen W/o Dilip Ji, Aged About 26 Year, R/o Main Mandia Road, Gurlai Marg, Pali (Rajasthan)

¶5

----Petitioners

¶6

Versus

¶7

Dilip S/o Chhoga Lal, Aged About 29 Years, B/c Nai, R/o Gadbor, Charbhuja Near Balika Senior Secondary School, Tehsil Kumbhalgarh, District Rajsamand (Raj.)

¶8

----Respondent

¶9

For Petitioner(s) : Mr. S.K.Joshi For Respondent(s) : None present

¶10

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

¶11

08/05/2023

¶12

The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 477/2019 “Dilip Vs. Smt. Mona” preferred by the respondent-husband pending in the Court of Family Court, Rajsamand to the Family Court, Pali.

¶13

No one appears for the respondent despite service of notice.

¶14

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

¶15

Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 19.05.2014 at Pali and out of the wedlock, one male child namely Naman was born on 30.11.2015 who is residing

[2023/RJJD/014002]

[CTA-67/2020]

(2 of 3)

with the petitioner. Since the petitioner-wife was harassed and maltreated in connection with demand of dowry and turned out of her matrimonial home, therefore, she preferred an application under Section 125 Cr.P.C. seeking maintenance before the Family Court, Pali, which is pending consideration. However, with a view to harass and humiliate the petitioner, the respondent-husband has moved application under Section 13 of the Hindu Marriage Act before the Family Court, Rajsamand seeking dissolution of marriage.

¶20

Learned counsel for the petitioner further submitted that the petitioner is a young lady and is residing with her old parents at Pali along with her minor child. The distance between Pali to Rajsamand is approximately 122 kilometers. Therefore, it is very difficult for the petitioner to travel from Pali to Rajsamand along with her minor child and defend the case instituted by the respondent husband.

¶21

In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the case filed by the petitioner under Section 125 Cr.P.C. is pending consideration before Family Court, Pali, in the interest of justice, the case filed by the respondent-husband pending before Family Court, Rajsamand deserves to be transferred to Family Court, Pali.

¶22

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.

(3 of 3)

[2023/RJJD/014002]

[CTA-67/2020]

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:-

¶27

“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.”

¶28

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 the Case No. 477/2019 pending in the Court of Family Court, Rajsamand titled as ‘Dilip Vs. Smt. Mona’ be transferred to the Family Court, Pali. The Family Court, Rajsamand 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 30.5.2023. A copy of this order be sent to the Family Court, Rajsamand and Family Court, Pali forthwith.

¶29

(YOGENDRA KUMAR PUROHIT),J

¶30

100-RP/-

Mona Sen v. Dilip

Case brief

What is this about?

What did the court decide?

Mona Sen v. Dilip

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Raju Bai and Ors. Vs Ram Lal and Ors.

Smt.Jamni Bai and Ors. Vs Ram Lal and Ors.

Smt.Priti and Ors. Vs Moolchand and Ors.

Vena Ram and Anr. Vs Padma Devi and Ors.

Kamal Balani Vs Bal Krishan Mondara

Vikram Singh Rathore Vs Manuprabha