Rajasthan High Court - Jodhpur
Smt. Sheela Mehra vs Shri. Ram Bharos Mehra ... on 15 April, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:18563]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 225/2024
1. Smt. Sheela Mehra W/o Shri Ram Bharos Mehra, Aged
About 39 Years, D/o Pannalal, R/o Kisan Colony, Baran,
Mdg, District Baran, Presently Residing At Sendron Ki
Bhagal, Piplantri, Police Station Rajnagar, Rajsamand,
District Rajsamand. (Raj)
2. Shivanshi Mehra D/o Shri Ram Bharos Mehra, Aged About
9 Years, R/o Since Minor Through Her Mother And Natural
Guardian Smt. Sheela Mehra R/o Kisan Colony, Baran,
Mdg, District Baran, Presently Residing At Sendron Ki
Bhagal, Piplantri, Police Station Rajnagar, Rajsamand,
District Rajsamand. (Raj)
3. Rutvi Mehra D/o Shri Ram Bharos Mehra, Aged About 2
Years, R/o Since Minor Through Her Mother And Natural
Guardian Smt. Sheela Mehra, R/o Kisan Colony, Baran,
Mdg, District Baran, Presently Residing At Sendron Ki
Bhagal, Piplantri, Police Station Rajnagar, Rajsamand,
District Rajsamand. (Raj)
----Petitioners
Versus
Shri. Ram Bharos Mehra S/o Shri Kishori Lal, Aged About 40
Years, R/o Gram Satheli, Tehsil Taleda, District Bundi (Raj)
----Respondent
For Petitioner(s) : Ms. Nidhi Singhvi
For Respondent(s) : Mr. Mukesh Gurjar
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order 15/04/2025
1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Civil Original Case No. 65/2024 "Ram Bharos Vs. Sheela Mehra" preferred by the respondent- (Downloaded on 17/04/2025 at 09:22:31 PM) [2025:RJ-JD:18563] (2 of 4) [CTA-225/2024] husband u/s 19 of the Hindu Marriage Act, pending in the Family Court Bundi to the Family Court, Rajsamand.
2. Service is complete and Mr. Mukesh Gurjar, learned counsel appears for the respondent.
3. Heard learned counsel for the parties and perused the material available on record.
4. Learned counsel for the petitioner wife-submitted that the marriage between the petitioner-wife and respondent-husband was solemnized as per the Hindu rites on 06.05.2011 and out of the wedlock, the petitioner No.2 and petitioner No.3, daughters were born. Since the petitioner-wife was treated cruely, harassed, maltreated and she filed complaint before Mahila Thana, Sadar Bara against the respondent for the offences u/s 498-A and 406 of IPC. She further submits that, respondent conspired and by taking advantage of the innocence of the petitioner, took her signature on a blank stamp paper and subsequently, drafted a settlement agreement on it and fradulently withdrew the said criminal case on the basis of the said settlement agreement. She filed an application under Section 125 of Cr.P.C. before the learned Chief Judicial Magistrate, Rajsamand, which is pending adjudication. It is submitted that with a view to harass and humiliate the petitioner, the respondent-husband has moved the application under Section 9 of the Hindu Marriage Act before Family Court, Bundi seeking restitution of conjugal rights.
5. Learned counsel for the petitioner further submitted that the petitioner is a lady and there is great hardship for the petitioner- wife to travel 240 kms from Rajsamand to Bundi with her two minor children aged 9 years and 2 years to attend the proceedings (Downloaded on 17/04/2025 at 09:22:31 PM) [2025:RJ-JD:18563] (3 of 4) [CTA-225/2024] of the case at Bundi and she does not have enough source of income to support their livelihood.
6. Learned counsel for the petitioner submitted that in the above facts and circumstances and looking to the fact that the aforesaid case instituted by the petitioner-wife is pending at Rajsamand, in the interest of justice, the case filed by the respondent-husband pending before Family Court Bundi deserves to be transferred to the Family Court, Rajsamand.
7. Learned counsel for the respondent vehemently opposed the transfer petition.
8. It is settled law 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 18.07.2022, 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 maters, wherever Courts are called upon to consider the plea of transfer, the Court 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."(Downloaded on 17/04/2025 at 09:22:31 PM)
[2025:RJ-JD:18563] (4 of 4) [CTA-225/2024]
9. Having considered the submissions made on behalf of the petitioner, 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 the Civil Original Case No. 65/2024 pending in the Family Court, Bundi titled as 'Ram Bharos Vs. Sheela Mehra' be transferred to the Family Court, Rajsamand. The Family Court, Bundi is directed to send the record of the aforesaid case to Family Court, Rajsamand immediately. The parties are directed to appear before the family Court, Rajsamand on 15.05.2025. A copy of this order be sent to the Family Court, Bundi and Family Court, Rajsamand forthwith. Stay application also stands disposed of.
(YOGENDRA KUMAR PUROHIT),J 96-Jatin/-
(Downloaded on 17/04/2025 at 09:22:31 PM) Powered by TCPDF (www.tcpdf.org)