Rekha Garg vs Abhishek @ Sandeep Vyas
2022 Latest Caselaw 10152 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 96/2021

Rekha Garg W/o Abhishek @ Sandeep Vyas, Aged About 30 Years, Kakarwa, Holi Chowk, Mohalla, Thesil Bhopalsagar, Dis. Chittorgarh

----Petitioner Versus Abhishek @ Sandeep Vyas S/o Nirmal Vyas, 313, Pratap Cinema Road, Near Hariom Dudh Bhandar, Bhilwara At Present Near Shivani Beauty Parlour, Bhilwara

----Respondent

For Petitioner(s) : Mr. Bharat Shrimali.

For Respondent(s)        :



          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 divorce petition filed by the respondent-husband under

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

No.03/2020 ("Shri Abhishek @ Sandeep Vyas Vs. Smt. Rekha

Garg") pending before the learned Judge, Family Court, Bhilwara

to the court of learned Judge, Family Court, Chittorgarh.

Heard.

Learned counsel for the petitioner submits that the marriage

was solemnized between the petitioner and respondent on

09.03.2018. The petitioner-wife is residing in Chittorgarh at her

parental home. The counsel further submitted that it is difficult for

the petitioner-wife to travel from Chittorgarh to Bhilwara as there

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is no one in the family to accompany her. She will be put under

great degree of hardship in defending the Civil Original Case

No.03/2020 ("Shri Abhishek @ Sandeep Vyas Vs. Smt. Rekha

Garg") pending before the learned Judge, Family Court, Bhilwara.

She has prayed that the case pending before the learned Judge,

Family Court, Bhilwara may be transferred to the court of learned

Family Court, Chittorgarh.

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

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(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 Original

Case No.03/2020 ("Shri Abhishek @ Sandeep Vyas Vs. Smt.

Rekha Garg") pending before the learned Judge, Family Court,

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Bhilwara is ordered to be transferred to the court of learned

Judge, Family Court, Chittorgarh having competent jurisdiction.

The parties are directed to appear before the learned Family

Court, Chittorgarh on 13.10.2022. The court of learned Judge,

Family Court, Bhilwara is directed to remit the record of Civil

Original Case No.03/2020 ("Shri Abhishek @ Sandeep Vyas Vs.

Smt. Rekha Garg") to learned Family Court, Chittorgarh having

competent jurisdiction forthwith.

(KULDEEP MATHUR),J 81-prashant/-

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