Allowed

Shweta Ranjana v. Narendra Singh

Rajasthan HC14 Jul 2023CTA/81/2020

Case brief

AI extract

What is this about?

This order allows a civil transfer application seeking to move a matrimonial dispute filed by the husband from a court in Bharatpur to the Family Court in Bikaner. The court relied on the wife's residence and convenience, citing Supreme Court precedent on transfer in matrimonial matters.

What did the court decide?

Civil Misc. Case No.40/2020 pending before Additional District Judge No.1, Deeg to be transferred to Family Court No.3, Bikaner.

Shweta Ranjana Vs Narendra Singh — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:21613]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 81/2020

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Shweta Ranjana D/o Shri L.C. Ranjana, Aged About 41 Years, W/o Narendra Singh, B/c Gurjar, R/o 4/12, CAD/ RCP Colony, Beechhwal Road, Bikaner.

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----Petitioner

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Versus

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Narendra Singh S/o Shri Matol Singh, B/c Gurjar, R/o Seekari, Tehsil Nagar, District Bharatpur.

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----Respondent

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For Petitioner(s)	: Mr. Rajendra Kataria with Mr. Gaurav
	Thanvi & Rajendra Mulewa
For Respondent(s)	: Mr. Rahul Balana for Mr. Himmat Jagga

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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14/07/2023

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The petitioner-wife has filed the present civil transfer application seeking transfer of Civil Misc. Case No. 40/2020 "Narendra Singh Vs. Shweta Ranjana” preferred by the respondent-husband under Section 13(1) of the Hindu Marriage Act, pending before Additional District Judge No.1, Deeg District Bharatpur to Family Court at Bikaner.

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

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Learned counsel for the petitioner submitted that the marriage between the parties was solemnized on 15.02.2002 at Village Maithna, Tehsil Kathumar, District Alwar and out of the said wedlock one daughter Lakshyata @ Lachho was born who is

[2023:RJ-JD:21613]

[CTA-81/2020]

(2 of 4)

presently residing with the petitioner. However, since the petitioner-wife was treated cruelly and harassed for extraneous reasons including demand of dowry by the respondent-husband and his family members, she lodged an FIR for offences under Sections 498A, 406, 323 IPC, in which, the proceedings are pending before CJ JM No.3, Bikaner in Case No.1510/2021 titled as "State Vs. Narendra Singh". She has also moved application under Section 125 Cr.P.C. seeking maintenance in the capacity of next friend of her daughter before the Family Court No.1, Bikaner, which is pending consideration before the Family Court No.3, Bikaner.

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It is further submitted that the petitioner is working as Junior Accountant, Elementary Education at Bikaner and residing at Bikaner alongwith her old aged parents and minor daughter. The distance between the Bikaner to Deeg, District Bharatpur is 527 kilometers approximately. Therefore, in the facts and circumstances of the case, it is very difficult for the petitioner to attend and defend the case filed by her husband at Additional District Judge No.1, Deeg, District Bharatpur and thus, in the interest of justice, and in view of the fact that the cases filed by the petitioner as aforesaid are pending in the competent Court at Bikaner, the case filed by the respondent-husband at Deeg, District Bharatpur under Section 13 (1) of the Hindu Marriage Act seeking dissolution of marriage deserves to be transferred to the Family Court No.3, Bikaner.

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[CTA-81/2020]

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[2023:RJ-JD:21613] (3 of 4)

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Learned counsel appearing for the respondent-husband opposed the prayer for transfer of the case and prayed for rejection of the transfer application.

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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, 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 parties, 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.40/2020 "Narendra Singh Vs. Shweta Ranjana” pending before Additional District Judge No.1, Deeg, District Bharatpur be transferred to the Family Court No.3, Bikaner. The Additional

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(4 of 4) [CTA-81/2020]

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[2023:RJ-JD:21613]

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District Judge No.1, Deeg, District Bharatpur is directed to send the record of the aforesaid case to the Family Court No.3, Bikaner immediately. The parties are directed to appear before the Family Court No.3, Bikaner on 14.8.2023. A copy of this order be sent to the Additional District Judge No.1, Deeg, District Bharatpur and Family Court No.3, Bikaner forthwith. Stay petition also stands disposed of.

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(YOGENDRA KUMAR PUROHIT),J

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195-RP/-

Shweta Ranjana v. Narendra Singh

Case brief

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Shweta Ranjana v. Narendra Singh

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