HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 176/2017
Smt. Neetu Bhargava W/o Gunwant Bhargava D/o Late
Nekichand Bhargava, B/c Bhargava-Brahmin, R/o Ward No. 45,
Mahaveer Colony, Sanwatsar, Kishangarh, Dist. Ajmer Raj..
Gunwant Bhargav S/o Late Shree Daulataram Bhargav, B/c
Bhargava-Brahmin, R/o Before Shani Mandir, Bhargava Mohalla,
Merta City, Tehsil Merta, Distt. Nagaur Raj.
For Petitioner(s) : Mr. Mukesh Sharma
HON’BLE MR. JUSTICE P.K. LOHRA
This petition under Section 24 CPC is filed by petitioner-wife
seeking transfer of Civil Misc. Case No.56/2017, pending before
Family Court, Merta to Family Court, Ajmer.
In the petition, it is, inter-alia, averred that petitioner is
having her permanent abode at Kishangarh and Family Court,
Ajmer is nearer to her residence vis-a-vis Family Court, Merta. It
is also averred that Merta is approximately 150 km from
Kishangarh. Learned counsel has also informed the Court that in
the petition for divorce filed by husband, petitioner-wife has filed
an application under Section 24 of the Hindu Marriage Act claiming
maintenance pendent lite, which is still pending consideration.
(2 of 2) [CTA-176/2017]
I have heard learned counsel for the petitioner.
There remains no quarrel that in the event of transfer of the
case petitioner is required to attend proceedings before Family
Court, Ajmer, which is approximately 33 km away from
Kishangarh but then Merta Family Court too is not at a far of
distance. Distance is approximately 103 km. In these
circumstances, longevity of distance itself cannot be a plausible
ground for transferring the case because petitioner is required to
undertake journey for both the destinations.
While it is true that in matrimonial cases inconvenience of
wife deserves due credence but then when the petitioner can
travel from Kishangarh to Ajmer, there cannot be any doubt that
she would also travel to Merta to attend the Court proceedings.
Moreover, when the application of the petitioner under Section 24
of the Hindu Marriage Act is pending, it would not be appropriate
to transfer the case from Family Court, Merta to Family Court,
In view thereof, no case is made out to transfer the Divorce
Consequently, the petition is rejected.
Powered by TCPDF (www.tcpdf.org)