Rina vs Rahul
2023 Latest Caselaw 8637 Raj

[2023:RJ-JD:33164] (1 of 4) [CTA-55/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Transfer Appl. No. 55/2023

Rina W/o Rahul Ji Jain, Aged About 37 Years, D/o Devi Lal Ji Ostwal, Resident Of Gangapur, Tehsil Sahada, District Bhilwara, At Present Residing At Sadar Bazar, Near Kumharo Ki Kui, Kunwariya, Tehsil Kunwariya, District Rajsamand (Raj.).

----Petitioner Versus Rahul S/o Pradeep Kumar Ji Jain, Aged About 37 Years, By Caste Jain, Resident Of Gangapur, Tehsil Sahada, District Bhilwara (Raj.)

----Respondent

For Petitioner(s) : Mr. Vikram Singh Jaitawat For Respondent(s) : Mr. Sandeep Saruparia

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

DATE OF JUDGMENT 17/10/2023

The present civil transfer application under Section 24(1) of

the Code of Civil Procedure has been preferred by the petitioner-

wife seeking transfer of case No.3/2023 under Section 13 of the

Hindu Marriage Act preferred by the respondent-husband before

the Family Court (Additional District Judge, Gangapur, Bhilwara) to

the Family Court, Rajsamand.

2. Learned counsel appearing for the petitioner submits that in

order to harass and humiliate the petitioner, the respondent-

husband preferred the petition under Section 13 of the Hindu

Marriage Act before the Court of Additional District Judge,

Gangapur, Bhilwara. It is submitted that the petitioner being a

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lady is unable to travel from Rajsamand to Gangapur on all dates

of hearing fixed by the learned ADJ, Gangapur alongwith her two

minor children. Thus, it is prayed that the petition filed by the

respondent under Section 13 of the Hindu Marriage Act may be

transferred from the Court of Additional District Judge, Gangapur,

Bhilwara to the Family Court, Rajsamand.

3. Per contra, learned counsel appearing for the respondent

opposed the prayer made by the learned counsel for the petitioner.

It is submitted that the petitioner is residing at Sadar Bazar, near

Kumharo ki Kui, Kunwariya, Tehsil, Kunwariya, District Rajsamand.

It is submitted that the petitioner's residence is in the middle of

the both the Courts i.e Additional District Judge, Gangapur,

Bhilwara and Family Court, Rajsamand. Learned counsel for the

respondent has produced before the Court a screenshot of Google

maps showing the distance between Kunwariya and Gangapur as

well as the distance between Rajsamand and Kunwariya and

submitted that the distance between Kunwariya and Gangapur is

30.4 kms and the distance between Rajsamand and Kunwariya is

18 kms. Thus, it is submitted that since the petitioner is residing

in the mid of the aforesaid two Courts, therefore, it is not be

necessary to transfer the petition under Section 13 of the Hindu

Marriage Act. In support of his arguments, learned counsel for the

respondent relied upon the judgment of Hon'ble Karnataka High

Court delivered in the case of HK Suma and Ors. vs. M

Santhosh reported in 2022 4 CivCC 773. Lastly, it is prayed that

the present transfer petition may be rejected.

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4. I have heard learned counsel for the parties and perused

the material available on record as well as screenshot of Google

maps submitted by the learned counsel for the respondent.

5. On a perusal of the aforesaid screenshot of Google maps, it

clear that the petitioner's residence is in the middle of both the

Courts i.e. Additional District Judge, Gangapur and Family Court,

Rajsamand. The Hon'ble Supreme Court in the case of Dr.

Subramaniam Swamy vs. Ramakrishna Hegde reported in

1990 (1) SCC 4 has held that mere convenience of the parties is

not criteria but there must be sufficient cause shown in the

transfer petition that the trial chosen forum will result in denial of

justice to the parties. In so far as the inconvenience to the

petitioner being a lady to attend the proceedings at Additional

District Judge, Gangapur is concerned, suffice it to observe that

the distance from Kunwariya to Gangapur is 30 kms and the Court

where the petitioner seeks transfer of application under Section 13

of the Hindu Marriage Act ie learned Family Court, Rajsamand, is

18kms away from her residence i.e. Kunwariya. In view of the

above, it is clear that the difference in distance between the courts

from the residence of petitioner is very less. It is not the case of

petitioner that there is any threat to her life in attending

proceedings at Court of Additional District Judge, Gangapur,

District Bhilwara.

6. In the totality of the facts and circumstances of the case

and in view of the ratio laid down by the Hon'ble Supreme Court in

the case of Dr. Subramaniam Swamy (supra), I do not find it to be

a fit case for transfer of application under Section 13 of the Hindu

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Marriage Act from the Court of Additional District Judge,

Gangapur, District Bhilwara to Family Court, Rajsamand.

7. Accordingly, the present transfer petition is hereby

dismissed.

(MADAN GOPAL VYAS),J 134-neha/-

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