HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Civil Transfer Appl. No. 2 / 2017
Smt. Neetu Kumari D/o Shri Kailash Khatri W/o Shri Rajendra
Kumar Salvi, Aged About 26 Years, Resident of Near Bus Stand,
Main Bazar Desuri, District Pali
Shri Rajendra Kumar Salvi S/o Shri Magan Lal Salvi, Resident of
Kagji Devara Bundi, Tehsil District Bundi
For Petitioner : Mr. C.S.Kotwani.
For Respondent : Mr.Bharat Shrimali.
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Judgment / Order
Heard learned counsel for both the sides on the transfer
petition moved on behalf of wife petitioner Smt. Neetu Kumari
whereby she prays to transfer Civil Misc. Case No.552/2016 filed
under section 13 of the Hindu Marriage Act pending before the
Family Court, Bundi to the court of Additional District Judge, Bali
or Family Court, Pali.
Learned counsel for the petitioner submits that marriage
between the parties took place in the month of February, 2015.
The wife petitioner was shunted out from her matrimonial home
in the month of December, 2015 and she is residing with her
parents. She is working as a Government Teacher at Samdari
District Pali. She has to go to attend the case pending before the
(2 of 3)
Family Court, Bundi which causes inconvenience to her. It has also
been alleged that an FIR No.184/2016 has been filed by wife
petitioner for the offences punishable under sections 498A, 406,
323, 326 and 120-B IPC which is pending investigation.
Learned counsel for the respondent has vehemently opposed
the prayer stating that the only ground mentioned in the petition
for transfer of the matter is convenience of the petitioner. Learned
counsel further submits that no issue born out of matrimonial
wedlock. The petitioner is an educated and employed lady working
as a Government Teacher. It cannot be presumed that she cannot
undertake journey or move out of her house. The ground of
convenience simpliciter is not a ground on which the case pending
before the Family court, Bundi is required to be transferred to the
courts situated at Bali or Pali. He has referred to a judgment
rendered by Hon’ble Apex Court in Anindita Das V/s Srijit Das
reported in 2005 Law Suit (SC) 1148 wherein the ground of
convenience has not been considered as a sufficient ground to
transfer the case.
I have given thoughtful consideration to the rival contentions
raised at bar and mentioned in the petition moved on behalf of
the petitioner wife. It comes out that the wife petitioner is also a
working lady and the non-petitioner husband is also working as
Upper Divisional Clerk in Post Office Branch at Kishanganj District
Bundi. The petitioner has got no issue of whom, she is required to
take care. She is an employed lady having her own earning to
meet out expenses. In these circumstances, no case is made out
on which the case pending before the Family Court, Bundi is
(3 of 3)
required to be transferred to the courts situated at Bali or Pali as
prayed by learned counsel for the petitioner. Consequently, the
transfer application is dismissed accordingly.
(DEEPAK MAHESHWARI), J.