Allowed

Manisha Kanwar v. Surendra Singh

Rajasthan HC9 Feb 2024CTA/17/2022

Case brief

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What is this about?

The court allowed a civil transfer application filed by the wife to transfer the husband's restitution of conjugal rights case from Family Court Jodhpur to Additional District Judge, Parbatsar, citing the wife's convenience and the Supreme Court's directive in such matters.

What did the court decide?

Transfer of Case No. 416/2021 from Family Court No.1, Jodhpur to Additional District Judge, Parbatsar, District Nagaur.

Manisha Kanwar Vs Surendra Singh — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:6928]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Transfer Appl. No. 17/2022

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Manisha Kanwar W/o Surendra Singh, Aged About 31 Years, Village Gingoli, Tehsil Parbatsar, District Nagaur

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----Petitioner

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Versus

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Surendra Singh S/o Ghisu Singh Panwar, Aged About 34 Years, Plot No. 190, Tisari Gali, Kamla Nehru Colony, New Power House Road, Jodhpur

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----Respondent

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For Petitioner(s)	: Mr. Bhanu Prakash Rajpurohit
For Respondent(s)	: Nonepresent

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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09/02/2024

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The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 416/2021 “Surendra Singh Vs. Smt. Manisha Kanwar” preferred by the respondenthusband u/s 9 of the Hindu Marriage Act, pending in the Family Court No.1, Jodhpur to the Additional District Judge, Parbatsar, District Nagaur.

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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-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized as per the Hindu rites at Village Gingoli Tehsil Parbatsar, District Nagaur on 21.11.2007 and out of the wedlock,

(2 of 4)

[2024:RJ-JD:6928]

[CTA-17/2022]

one male child namely Nikhil Singh was born, who is living with the present petitioner. Since the petitioner-wife was subjected to harassment and ill-treatment and was not properly maintained by her husband, therefore, under the compelling circumstances, she is residing with her parents at Village Gingoli, Tehsil Parbatsar, District Nagaur along with her child. She also filed a case under Section 13A of the Hindu Marriage Act against her husband seeking decree of divorce before Additional District Judge, Parbatsar, which is pending consideration. It is submitted that with a view to harass and humiliate the petitioner, the respondenthusband has moved application under Section 9 of the Hindu Marriage Act before Family Court No.1, Jodhpur seeking restitution of conjugal rights.

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Learned counsel for the petitioner further submitted that the petitioner is a young lady having no independent source of income and is residing along with her child at Village Gingoli, Tehsil Parbatsar, District Nagaur, therefore, it is very difficult for the petitioner to travel 250 kms approx. from Village Gingoli, Parbatsar to Jodhpur along with her child and defend the case instituted by the respondent husband.

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In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the aforesaid case instituted by the petitioner-wife is pending at A.D.J., Parbatsar, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.1, Jodhpur deserves to be transferred to the ADJ, Parbatsar, District Nagaur.

[CTA-17/2022]

[2024:RJ-JD:6928]

(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 the Case No. 416/2021 pending in the Family Court No.1, Jodhpur titled as ‘Surendra Singh Vs. Smt. Manisha Kanwar’ be transferred to the Additional District Judge, Parbatsar, District Nagaur. The Family Court No.1, Jodhpur is directed to send the record of the aforesaid case to ADJ, Parbatsar, District Nagaur immediately. The parties

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(4 of 4) [CTA-17/2022]

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[2024:RJ-JD:6928]

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are directed to appear before the ADJ, Parbatsar, District Nagaur on 15.3.2024. A copy of this order be sent to the Family Court No.1, Jodhpur and ADJ, Parbatsar, District Nagaur forthwith. Stay application also stands disposed of.

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(YOGENDRA KUMAR PUROHIT),J

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85-RP/-

Manisha Kanwar v. Surendra Singh

Case brief

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Manisha Kanwar v. Surendra Singh

Case brief

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