Swarnjeet Kaur vs Kalu Singh
2022 Latest Caselaw 10146 Raj

Citation : 2022 Latest Caselaw 10146 Raj
Judgement Date : 3 August, 2022

Rajasthan High Court - Jodhpur

Swarnjeet Kaur vs Kalu Singh on 3 August, 2022

Bench: Kuldeep Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 71/2022

Swarnjeet Kaur W/o Kalu Singh D/o Late Gurubachan Singh, Aged About 37 Years, R/o Meharwala Tehsil Tibbi Dist. Hanumangarh At Present R/o At C/o Amrit Lal Jain Vill. And Post Bhawrani Tehsil Ahore Dist. Jalore

----Petitioner Versus Kalu Singh S/o Guruwant Singh, Aged About 27 Years, B/c Kumhar Sikh R/o Meharwala Tehsil Tibbi Dist. Hanumangarh Raj.

                                                                     ----Respondent


For Petitioner(s)         :     Mr. B.S. Deora.
For Respondent(s)         :     Mr. Jitendra Ojha.



          HON'BLE MR. JUSTICE KULDEEP MATHUR

                                 Judgment

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 the Hindu Marriage Act,

1955 being Civil Case No. 22/2022 (Kalu Singh v/s. Swarnjeet

Kaur) pending in the Court of learned Judge, Family Court,

Hanumagarh to learned Judge, Family Court, Jalore.

Heard.

Learned counsel for the petitioner submits that the marriage

was solemnized between the petitioner and respondent on

31.01.2021 as per Hindu rites and no child was born out of the

wedlock. Counsel further submitted that the petitioner-wife is

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residing with her mother at Village, Bhawrani, Tehsil Ahore,

District Jalore. She is saddled with the responsibility of taking care

of her old mother. There is no one to accompany her to

Hanumgarh to appear before the court. It is submitted that the

petitioner-wife has lodged case under sections 498A and 406 of

Indian Penal Code at Jalore (P.S. Norwa). Therefore, she will be

put under great degree of hardship in defending the case being

being Civil Case No. 22/2022 (Kalu Singh v/s. Swarnjeet Kaur)

pending in the Court of learned Judge, Family Court, Hanumagarh.

She has prayed that the case pending before the Family Court,

Hanumagarh may be transferred the court of learned Judge,

Family Court, Jalore.

On 22.05.2022, notice of this transfer petition was issued to

the respondent and the proceedings of the Case No. 22/2022

pending before the court below were stayed.

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.

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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

(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

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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.

22/2022 (Kalu Singh v/s. Swarnjeet Kaur) pending in the Court of

learned Judge, Family Court, Hanumagarh is ordered to be

transferred to Family Court, Jalore competent to try the disputes