Rajasthan High Court - Jodhpur
Priyanka Bakoliya vs Narendra Kumar Rasganiya ... on 7 April, 2025
[2025:RJ-JD:17825]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 123/2021
Priyanka Bakoliya W/o Narendra Kumar Rasganiya, Aged About
30 Years, R/o Railway Fatak No.2, Opposite Street Of Indra Baba
Begichi, Sujangarh, District - Churu.
----Petitioner
Versus
Narendra Kumar Rasganiya S/o Prem Kumar Rasganiya, R/o
Regaro Ka Mohalla, Ponkh, Tehsil Udaipurvati, District Jhunjhunu
----Respondent
For Petitioner(s) : Mr. Manish Rajpurohit for Mr. Rakesh
Arora
For Respondent(s) : Mr. Puna Ram Sen for Mr. Vijay Kumar
Gaur
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
07/04/2025
1. The present transfer petition has been preferred by the
petitioner-Wife seeking transfer of Civil Misc. Case No.218/2021
titled as Narendra Kumar Vs. Priyanka Bakoliya filed under Section
9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the
Act of 1955') by the respondent-Husband before the Family Court,
Jhunjhunu to Additional District Judge, Sujangarh, District -
Churu.
2. The marriage between the petitioner and respondent was
solemnized on 25.05.2015 as per Hindu rituals and customs.
However, after some time there were instances of discord between
the couple. The petitioner was subjected to cruelty and
mistreatment in the matrimonial house for want of dowry. As
such, the petitioner was constrained to reside at her parental
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home and since then she is residing at her parental home at
Churu.
3. The petitioner-Wife in her petition has submitted that she is
residing at Churu with her old parents and is financially dependent
on them as she is unemployed. The fact that she has to time and
again attend court proceedings before the Family Court,
Jhunjhunu which is far away from Churu, without any support, is
causing her great hardship and inconvenience. Further, the
financial condition of her father is also not good.
4. In addition to this, the petitioner-wife has also lodged an FIR
bearing No.248/2021 under Sections 498A, 406 & 323 of Indian
Penal Code at Police Station Sujangarh, District - Churu against
the respondent-husband and in pursuance thereto the proceedings
are also pending as on date before learned Judicial Magistrate
Sujangarh. As a counter, the respondent-Husband filed the
application under Section 9 of the Act of 1955 before Family
Court, Jhunjhunu.
5. Heard the counsel for the parties and perused the material
available on record.
6. Learned counsel for the petitioner-wife submits that the
financial condition of the petitioner-wife is very poor and she has
no source of livelihood and is wholely dependent on her parents.
7. On the other hand, learned counsel appearing for the
respondent-husband vehemently opposed the petition for transfer
of the case from the learned Family, Court, Jhunjhunu to
Additional District Judge, Sujangarh, District - Churu.
8. It transpires that the petitioner-wife, not having any source
of income of her own, definitely would be facing financial hardship
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and inconvenience in travelling repeatedly to attend the court
proceedings at Jhunjhunu.
9. It is well settled legal position that while going into the
merits of a transfer application, Courts are required to give more
weight and consideration to the convenience of the female
litigants, and transfer of legal proceedings from one Court to
another should ordinarily be allowed taking into consideration their
convenience and the Courts should desist from putting female
litigants under undue hardships. In such type of matters, the
convenience of the wife is to be preferred over the convenience of
the husband.
10. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.
Saravana Karthik Sha; AIR 2022 SC 4318 allowed the appeal
filed by the wife for transfer of petition from Vellore to Chennai on
the ground that she had to travel a long distance all by herself and
also that other proceedings between the parties were already
pending at Chennai. The Hon'ble Apex Court observed as under:-
"9. The cardinal principle for exercise of power
Under Section 24 of the Code of Civil Procedure is
that the ends of justice should demand the transfer
of the suit, appeal or other proceeding. In
matrimonial matters, wherever Courts are called
upon to consider the plea of transfer, the Courts
have 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. Given the prevailing socio-
economic paradigm in the Indian society,
generally, it is the wife's convenience which must
be looked at while considering transfer.
10. Further, when two or more proceedings
are pending in different Courts between the
same parties which raise common question of
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fact and law, and when the decisions in the
cases are interdependent, it is desirable that
they should be tried together by the same
Judge so as to avoid multiplicity in trial of the
same issues and conflict of decisions."
11. Having regard to the submissions made at bar and
considering the judgment of the Hon'ble Apex Court rendered in
the case of N.C.V. Aishwarya (supra), this Court considers it
appropriate to allow this transfer application.
12. In view of the discussion made hereinabove, the present
transfer application filed by the petitioner-wife is allowed and Civil
Misc. Case No.218/2021 titled as Narendra Kumar Vs. Priyanka
Bakoliya, pending before the Family Court, Jhunjhunu is ordered
to be transferred to the Additional District Judge, Sujangarh,
District - Churu.
13. The parties shall appear before the Additional District Judge,
Sujangarh, District - Churu on 07.05.2025.
14. The Family Court, Jhunjhunu is directed to remit the case i.e.
Civil Misc. Case No.218/2021 titled as Narendra Kumar Vs.
Priyanka Bakoliya to the Additional District Judge, Sujangarh,
District - Churu immediately. The Family Court, Jhunjhunu is also
directed to apprise both the parties to appear before the
Additional District Judge, Sujangarh, District - Churu on
07.05.2025.
15. Pending application(s), if any, as well as stay petition also
stand disposed of.
(CHANDRA PRAKASH SHRIMALI),J
88-Ramesh Goyal, P.S./-
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