Rajasthan High Court
Smt. Preeti Manchanda Wife Of Shri ... vs Vishal Manchanda Son Of Shri ... on 20 January, 2023
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Transfer Application No. 6/2021
Smt. Preeti Manchanda Wife Of Shri Vishal Manchanda, Daughter
Of Shri Sudesh Bhatiya, Aged About 36 Years, Plot No.7, New
Colony, District Bundi, Bundi (Raj.)
----Petitioner
Versus
Vishal Manchanda Son Of Shri Baldev Singh Manchanda, Aged
About 40 Years, Resident Plot No.29, Govind Nagar First,
Vishtaar-B, Ved Ji Ka Choraha, Niwaru Road, Jhotwara, Jaipur
(Raj)
----Respondent
For Petitioner(s) : Mr. Pawan Kumar Verma, Adv.
For Respondent(s) : Mr. Ravindra Singh Shekhawat, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
20/01/2023
1. This transfer application has been filed by the applicant-wife
under Section 24 read with Section 151 of the Code of Civil
Procedure seeking transfer of Case No. 1047/2020 titled as Vishal
Manchanda vs. Preeti Manchanda, filed by the non-applicant-
husband under Section 9 of the Hindu Marriage Act, 1955 from
Family Court No. 1 Jaipur to Family Court, Bundi.
2. Learned counsel for the applicant-wife has submitted that
the marriage between the parties was solemnized on 08.03.2011.
Out of the wedlock, a son and daughter were born, who are
presently aged 11 and 7 years respectively. Learned counsel for
the applicant submitted that soon after the marriage, the non-
applicant started harassing the applicant for dowry. Moreover,
(2 of 3) [CTA-6/2021]
upon the applicant's inability to comply with the said demands,
she was thrown out of her marital home by the non-applicant-
husband. It was submitted that the applicant is presently residing
in Bundi. Thereafter, the applicant filed application under Section
125 of Cr.P.C. for maintenance in addition to a complaint under
Section 498A and 406 of IPC as well as an application for divorce
under Section 13 of the Hindu Marriage Act in Bundi. Moreover,
learned counsel for the applicant-wife argued that the applicant is
an unemployed lady who has the sole responsibility to take care of
her minor children aged 11 and 7 years. Furthermore, the
distance between Jaipur and Bundi is over 200 km. In this regard,
it was argued that the applicant does not possess the financial
strength to commute the said distance on every date of hearing in
the matter. Therefore, it was urged that the application filed by
the non-applicant-husband under Section 9 of the Hindu Marriage
Act, 1955 in Jaipur be transferred to the Family Court, Bundi.
3. Learned counsel for the non-applicant-husband has
vehemently opposed the transfer application. However, he was not
able to refute the fact that multiple proceedings, arising out of the
matrimonial relationship, are pending against him in Bundi.
4. Considering the contentions put forth by the counsel for the
parties, considering that multiple proceedings arising out of the
marriage are pending adjudication in Bundi; that the applicant is a
poor and unemployed lady who has the sole responsibility to take
care of her minor children aged 11 and 7 years; that the applicant
is presently residing in Bundi; that the distance between Jaipur
and Bundi is over 200 km; considering the provisions of Section
19 of the Hindu Marriage Act and relying upon the judgment of the
Hon'ble Apex Court in N.C.V. Aishwarya vs. A.S. Saravana Karthik
(3 of 3) [CTA-6/2021]
Sha: Civil Appeal No. 4894/2022 wherein it was held that in
matrimonial matters, the Court has to take into consideration the
economic soundness of both the parties, the social strata of the
spouses and their behavioural pattern, their standard of life prior
to the marriage and subsequent thereto and the circumstances of
both the parties in eking out their livelihood and under whose
protective umbrella they are seeking their sustenance to life, this
Court deems it just and proper to transfer Case No. 1047/2020
from Family Court No. 1 Jaipur to Family Court, Bundi.
5. Accordingly, the present transfer application is allowed. The
Case No. 1047/2020 be transferred from Family Court No.1 ,
Jaipur to Family Court, Bundi.
6. Both parties are directed to appear before the transferee
Family Court, Bundi on 20.02.2023. By that time, the record of
the case be transmitted to the transferee Court by the Court
concerned. It is made clear that if any of the parties would not
appear on the date fixed by this Court, the transferee court would
be at liberty to proceed in accordance with law.
7. It is expected that the learned Family Court, Bundi shall
dispose of the matter as expeditiously as possible; preferably
within the prescribed time period as stipulated in the Act.
8. Stay application and other pending applications, if any, stand
disposed of.
(SAMEER JAIN),J
ANIL SHARMA /6
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