HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 100/2022 Goda Devi @ Godavri W/o Kheta Ram, Aged About 28 Years, D/o Alsi Ram, At Present Residing At Village Deva, Tehsil And Distt. Jaisalmer (Raj.)
----Petitioner Versus Kheta Ram S/o Mansukh, R/o Shiv, Tehsil Shiv, Distt. Barmer, Rajasthan.
----Respondent For Petitioner(s) : Mr. Manas Ranchhor Khatri.
For Respondent(s) : None present.
HON'BLE MR. JUSTICE KULDEEP MATHUR Judgment / Order 03/08/2022 The present transfer petition has been filed by the petitioner- wife under Section 24 of the Code of Civil Procedure seeking transfer of restitution of conjugal rights petition filed by the respondent-husband under Section 9 of Hindu Marriage Act, 1955 being Civil Case No.08/2019 ("Kheta Ram Vs. Goda Devi @ Godavri") pending before the learned Judge, Additional District and Sessions Court, Barmer to the court of learned Judge, Family Court, Jaisalmer.
Heard.
Nobody puts in appearance on behalf of the respondent. Learned counsel for the petitioner submits that the marriage was solemnized between the petitioner and respondent in 2014 as per Hindu rites. The petitioner-wife is residing in Jaisalmer at her maternal home with old aged mother. The counsel further submitted that it is difficult for the petitioner-wife to travel from (Downloaded on 05/08/2022 at 08:27:32 PM) (2 of 4) [CTA-100/2022] Jaisalmer to Barmer. She will be put under great degree of hardship in defending the Civil Case No.08/2019 ("Kheta Ram Vs. Goda Devi @ Godavri") pending before the learned Judge, Additional District and Sessions Court, Barmer. She has prayed that the case pending before the learned Judge, Family Court, Barmer may be transferred to the court of learned Family Court, Jaisalmer.
This Court as well as by the Hon'ble Supreme Court in Sumita Singh Vs. Kumar Sanjay & Ors., reported in (2001) 10 SCC 41; Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition (Civil) No.622/2007 decided by Supreme Court on 10.11.2008] Manju Varma Vs.State of U.P. and Ors. [Civil Appeal No. 8290 of 2002 decided by the Supreme Court on 17.11.2004] and Arti Rani @ Pinki Devi Vs. Dharmendra Kumar Gupta, reported in (2008) 9 SCC 353 has held that Courts are required to give more weight and consideration to the convenience of the female litigants and transfer legal proceedings from one court to another should ordinarily be allowed. Taking into consideration their convenience, the Court should desist from putting female litigants under undue hardship.
Section 24 CPC reads as under:
"24. General power of transfer and withdrawal:
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (Downloaded on 05/08/2022 at 08:27:32 PM) (3 of 4) [CTA-100/2022]
(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order. (4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it."
It is noticed that Section 24 of C.P.C. does not even require issuance of notice to the other side and this Court, on its own motion or on being satisfied at any stage, can pass appropriate orders for transfer of the concerned case. Similar view has been taken by this Court in Bhanu Kumari Vs. Jitendra Singh & Ors., reported in 2007(2) RLW (Raj.) 1077.
In view of discussion made herein above, the transfer petition filed by the petitioner-wife is allowed. The Civil Case No.08/2019 ("Kheta Ram Vs. Goda Devi @ Godavri") pending before the learned Judge, Additional District and Sessions Court, (Downloaded on 05/08/2022 at 08:27:32 PM) (4 of 4) [CTA-100/2022] Barmer is ordered to be transferred to the court of learned Judge, Family Court, Jaisalmer having competent jurisdiction.
The parties are directed to appear before the learned Family Court, Jasialmer on 13.10.2022. The court of learned Judge, Family Court, Barmer is directed to remit the record of Civil Case No.08/2019 ("Kheta Ram Vs. Goda Devi @ Godavri") to learned Family Court, Jaisalmer having competent jurisdiction forthwith.
(KULDEEP MATHUR),J 88-prashant/-
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