Indra vs Durga Ram
2022 Latest Caselaw 10153 Raj

Citation : 2022 Latest Caselaw 10153 Raj
Judgement Date : 3 August, 2022

Rajasthan High Court - Jodhpur

Indra vs Durga Ram on 3 August, 2022

Bench: Kuldeep Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 67/2021

Indra W/o Durga Ram, Aged About 23 Years, Village Sukholaw, Bhundel, Tehsil Khinwsar, Dis. Nagaur

----Petitioner Versus Durga Ram S/o Rupa Ram, Aged About 27 Years, Devi Sagar, Nimola, Tehsil Khinwsar, Dis. Nagaur, At Present Punasar, Tehsil Bapini, Dis. Jodhpur

----Respondent

For Petitioner(s) : Mr. O.P. Sangwa.

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.465/2020 ("Durga Ram Vs. Smt. Indra") pending before the

learned Family Court No. 1, Jodhpur to Additional District and

Sessions Judge No. 1, Nagaur, District Nagaur.

Heard.

Learned counsel for the petitioner submits that the marriage

was solemnized between the petitioner and respondent on

17.07.2008 as per Hindu rites and muklawa on 10.10.2014. The

petitioner-wife is residing with her parents at village Sukholaw,

Bhundel, Tehsil- Khinwsar, district Nagaur and there is no one in

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her family to accompany her to attend court proceedings at

Jodhpur. The distance from Nagaur to Jodhpur is around 135 kms.

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

case being Civil Original Case No.465/2020 ("Durga Ram Vs. Smt.

Indra") pending in the Court of learned Judge, Family Court No. 1,

Jodhpur. She has prayed that the case pending before the learned

Family Court No. 1, Jodhpur may be transferred to the Additional

District and Sessions Judge No. 1, Nagaur, District Nagaur.

On 01.04.2021, notice of this transfer petition was issued to

the respondent and the proceedings of Case No. 265/2020

pending in 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.

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

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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

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.

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In view of discussion made herein above, the transfer

petition filed by the petitioner-wife is allowed. The Civil Original

Case No.465/2020 ("Durga Ram Vs. Smt. Indra") pending before

the learned Family Court No. 1, Jodhpur is ordered to be

transferred to Additional District and Sessions Judge No. 1,