Rajasthan High Court - Jodhpur
Smt. Rekha Kumari Koli vs Shri Lokesh Kumar Koli ... on 17 July, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:31374]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 63/2025
Smt. Rekha Kumari Koli W/o Sh. Lokesh Kumar, D/o Shri
Bhagwan Singh, Aged About 33 Years, R/o Tana Ji Nagar,
Bhajanganj Teh. And Dist. Ajmer, (Raj.).
----Petitioner
Versus
Shri Lokesh Kumar Koli S/o Sh. Ambalal Koli, Aged About 36
Years, R/o Bade Nale Ke Paas, Koli Mohala, Behind Panchmukhi
Mokshadhaam, Bhimganj, Teh. And Dist. Bhilwara, Raj.
----Respondent
For Petitioner(s) : Mr. Dilip Singh
For Respondent(s) : Mr. Jaipal Singh
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order 17/07/2025
1. The petitioner-wife has filed the present civil transfer application seeking transfer of Case No. 512/2024 "Lokesh Kumar Koli Vs. Smt. Rekha Kumari Koli" preferred by the respondent- husband under Section 13 of the Hindu Marriage Act, pending before Family Court No.2, Bhilwara to the Family Court No.1, Ajmer.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner submitted that the marriage between the parties was solemnized on 22.01.2019 as per Hindu rituals and customs and out of the said wedlock one daughter was born. However, the petitioner-wife was harassed and cruelly treated by the respondent husband and his family members for demand of dowry and was turned out of her matrimonial home, therefore, she is residing at Ajmer in her parental house along with daughter and filed an application under Section 125 Cr.P.C. (144 BNSS) for grant of maintenance at (Downloaded on 17/07/2025 at 09:47:22 PM) [2025:RJ-JD:31374] (2 of 3) [CTA-63/2025] Ajmer, which is pending consideration before Family Court No.1, Ajmer. However, with a view to harass and humiliate the petitioner, the respondent-husband has moved the application under Section 13 of the Hindu Marriage Act seeking dissolution of marriage which is pending before Family Court No.2, Bhilwara.
4. Learned counsel for the petitioner further submitted that the petitioner is a lady and is presently residing at her parental house at District Ajmer along with her minor daughter. She has no source of income. The distance between Ajmer to Bhilwara is more than 140 kilometers. The aforesaid case filed by the petitioner- wife is pending at Family Court No.1, Ajmer. It is therefore, submitted that in the facts and circumstances of the case, it is very difficult and onerous for the petitioner to travel all alone along with her minor daughter to attend and defend the case filed by her husband at Bhilwara and in the interest of justice, the case filed by the respondent-husband pending before Family Court No.2, Bhilwara under Section 13 of the Hindu Marriage Act deserves to be transferred to the Family Court No.1, Ajmer.
5. Learned counsel appearing for the respondent-husband vehemently opposed the prayer for transfer of the case and prayed for rejection of the transfer application.
6. It is settled law that while considering transfer of case in matrimonial proceedings instituted by the husband, the convenience of the wife is to be looked into. In this regard, recently, Hon'ble the Supreme Court in the matter of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha, (Civil Appeal No.4894/2022 arising out of SLP (C) No.16465/2021) decided on 18.7.2022, while considering transfer of matrimonial case under Section 24 CPC, has observed as under:-
"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 (Downloaded on 17/07/2025 at 09:47:22 PM) [2025:RJ-JD:31374] (3 of 3) [CTA-63/2025] 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."
7. Having considered the submissions made on behalf of the parties, looking to the facts and circumstances of the case noticed above and the settled position of law by the Hon'ble Supreme Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that Case No.512/2024 "Lokesh Kumar Koli Vs. Smt. Rekha Kumari Koli" pending before Family Court No.2, Bhilwara be transferred to the Family Court No.1, Ajmer The Family Court No.2, Bhilwara is directed to send the record of the aforesaid case to the Family Court No.1, Ajmer, immediately. The parties are directed to appear before the Family Court No.1, Ajmer on 18.8.2025. A copy of this order be sent to the Family Court No.2, Bhilwara and Family Court No.1, Ajmer forthwith. Stay application also stands disposed of.
(YOGENDRA KUMAR PUROHIT),J 69-RP/-
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