Revatiraman Tilawat vs Bhawana Ramawat
2022 Latest Caselaw 10028 Raj

Citation : 2022 Latest Caselaw 10028 Raj
Judgement Date : 2 August, 2022

Rajasthan High Court - Jodhpur

Revatiraman Tilawat vs Bhawana Ramawat on 2 August, 2022

Bench: Kuldeep Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 13/2022

Revatiraman Tilawat S/o Raghuveer Das Tilawat, Aged About 30 Years, Shakti Market, Near Main Bus Stand, Thanvla Tehsil Riyanbadi District Nagaur

----Petitioner Versus Bhawana Ramawat W/o Revatiraman Tilawat, Aged About 24 Years, H-497 Badi Nada, Chhipo Ka Mohalla, Near Hanuman Mandir, Rani Bazar, Bikaner

----Respondent

For Petitioner(s) : Mr. Ravindra Acharya. For Respondent(s) : Mr. Kunwar Prikshit Raj Deora.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

02/08/2022

The present transfer petition has been filed by the petitioner-

husband under Section 24 of the Code of Civil Procedure seeking

transfer of divorce petition filed by the respondent-wife under

Section 13 of Hindu Marriage Act, 1955 being Civil Original Case

No.92/2021 ("Bhawana Ramawat Vs. Revatiraman Tilawat")

pending before the learned Family Court, Chittorgarh to learned

Family Court, Bikaner.

Heard.

Learned counsel for the petitioner submits that the marriage

was solemnized between the petitioner and respondent on

11.12.2017 as per Hindu rites. No child was born out of the

wedlock. The petitioner-husband is residing in village Thanvla,

district Nagaur and there is no one in his family who lives in

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Chittorgarh. The distance from village Thanvla to Chittorgarh is

around 350 kms. It is pleaded that the respondent-wife showing

herself as tenant residing in Chittorgarh filed divorce petition

under Section 13, Hindu Marriage Act in Family Court, Chittorgarh.

It is further pleaded that the respondent-wife has lodged FIR No.

108/2020 for offences under Sections 498A, 406, 323, 342, 354

and 420 IPC in Police Station, Mahila, Bikaner. Also, the notices of

petitioner husband's application for restitution of conjugal rights

pending before learned Family Court, Merta have not been served

on the respondent-wife in Chittorgarh. It is also pleaded that the

divorce petition has been filed by the respondent-wife before

Family Court, Chittorgarh only to harass the petitioner-husband.

He will be put under great degree of hardship in defending the

case being Civil Original Case No.92/2021 ("Bhawana Ramawat

Vs. Revatiraman Tilawat") pending before the Court of learned

Judge, Family Court, Chittorgarh. He has prayed that the case

pending before the learned Family Court Chittorgarh may be

transferred the learned Family Court, Bikaner.

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

(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and

(i) try or dispose of the same; or

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(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."

No reply to the present transfer application has been filed on

behalf of the respondent-wife. The counsel for the respondent-wife

however opposed the prayer of transfer of divorce petition filed by

respondent wife being Civil Original Case No.92/2021 ("Bhawana

Ramawat Vs. Revatiraman Tilawat") pending before the Court of

learned Judge, Family Court, Chittorgarh. From the record of the

case, it is clear that application filed by the petitioner-husband

under section 9 for restitution of conjugal rights as well as criminal

proceedings are pending in Merta and Bikaner respectively. No

document has been placed on record to suggest that respondent-

wife will permanently reside at Chittorgarh. It is also noticed that

the petitioner-husband will have to travel around 350kms to