Rajasthan High Court - Jodhpur
Smt. Chetna Sisodia vs Ashish Singh Gaur (2024:Rj-Jd:6681) on 8 February, 2024
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2024:RJ-JD:6681]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 263/2023
Smt. Chetna Sisodia W/o Ashish Singh Gaur, Aged About 28
Years, D/o Shivraj Singh, R/o Nathdwara, District Rajsamand, At
Present At N-1, Housing Board, Govind Nagar, Rajsamand, Ps
Kankroli, District Rajsamand.
----Petitioner
Versus
Ashish Singh Gaur S/o Late Shri Bholu Singh Rajput, R/o
Opposite Gate No. 6, Indra Colony, Anjali Marg, Bundi, District
Bundi, At Present Vikas Nagar, Block B-House No. 48, Borkheda,
Kota, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Deelip Kawadia
For Respondent(s) : Mr. Om Rajpurohit
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order 08/02/2024
1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 933/2023 "Ashish Singh Gaur Vs. Smt. Chetna Kanwar Sisodia" preferred by the respondent-husband pending in the Court of Family Court No.3, Kota to the Family Court, Rajsamand.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized on 01.06.2022 at Rajsamand. Since the petitioner-wife was harassed in connection with demand of dowry, (Downloaded on 08/02/2024 at 08:53:15 PM) [2024:RJ-JD:6681] (2 of 4) [CTA-263/2023] therefore, she lodged an FIR No.63/2023 at Mahila Police Station Rajsamand for the offence under Sections 498A, 406 IPC, in which the investigation is going on. She has also filed an application under Section 125 Cr.P.C. seeking maintenance before Family Court, Rajsamand, which is also pending consideration. However, with a view to harass and humiliate the petitioner, the respondent- husband has moved application under Section 13 of the Hindu Marriage Act before the Family Court, Kota seeking dissolution of marriage.
4. Learned counsel for the petitioner further submitted that the petitioner is a young lady and having no independent source of income. She is residing at Rajsamand with her parents. Her father is in service. The distance between Rajsamand to Kota is approx.250 kilometers. Therefore, it is very difficult for the petitioner to travel from Rajsamand to Kota all alone and defend the case instituted by the respondent husband.
5. In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the case under Section 125 Cr.P.C. seeking maintenance instituted by the petitioner-wife is pending at Rajsamand and the investigation is going on in the FIR lodged by her at Mahila Police Station, Rajsamand, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.3, Kota deserves to be transferred to Family Court, Rajsamand.
6. On the contrary, learned counsel appearing for the respondent-husband vehemently opposed the transfer of the case (Downloaded on 08/02/2024 at 08:53:15 PM) [2024:RJ-JD:6681] (3 of 4) [CTA-263/2023] and prayed for rejection of the transfer application. A reply to the transfer petition has also been filed denying the allegations levelled in the petition as also making allegation of desertion against the petitioner-wife by the husband and describing his family circumstances such as death of his father in the year 2022 and ailment of his mother for sympathetic consideration of the Court and praying for dismissal of the transfer petition.
7. 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 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."
8. 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 (Downloaded on 08/02/2024 at 08:53:15 PM) [2024:RJ-JD:6681] (4 of 4) [CTA-263/2023] Court in the matter of N.C.V. Aishwarya (supra), the transfer application is allowed. It is ordered that the Case No. 933/2023 pending in the Court of Family Court No.3, Kota titled as 'Ashish Singh Gaur Vs. Chetna Kanwar Sisodia' be transferred to the Family Court, Rajsamand. The Family Court No.3, Kota is directed to send the record of the aforesaid case to the Family Court, Rajsamand immediately. The parties are directed to appear before the Family Court, Rajsamand on 15.3.2024. A copy of this order be sent to the Family Court No.3, Kota and Family Court, Rajsamand forthwith.
(YOGENDRA KUMAR PUROHIT),J 94-RP/-
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