HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Appl. No. 174 / 2017
Smt. Vijaylaxmi Wife of Harendra Kumar Daughter of Shree
Bhanwarlal Sharma, Aged About 35 Years, Resident of 48 Chankya
Nagar Lal Sagar Jodhpur.
Harendra Kumar Son of Shree Bhanwar Lal, By Caste Prajapat,
Resident of Tankipura, Gawariyo Ka Mohalla Degana District
For Petitioner(s) : Mr. Dilip Singh Baghela
For Respondent(s) : Mr. B.R. Chahar
JUSTICE DINESH MEHTA
The present transfer application under Section 24 of the
Code of Civil Procedure has been filed by the petitioner, seeking
transfer of Civil Original Case No.12/2017 titled as “Harendra
Kumar Vs. Smt. Vijaylaxmi” from Family Court, Merta to the
Family Court, Jodhpur.
The facts in brief, necessary for adjudication of the present
transfer application are that the petitioner got married with
respondent on 06.07.1999, as per Hindu rituals and started living
with her husband at Degana. Two daughters and one son were
born from their wedlock. However, their matrimony got disturbed
and petitioner has come to live with her parents at Jodhpur.
The respondent-husband had filed a case under Section 9 of
the Hindu Marriage Act and another case under Section 13 of the
(2 of 3)
Hindu Marriage Act. It is pertinent to note that both these cases
were initally filed before Competent Court at Merta, but have been
subsequently transferred by this Court, to Family Court, Jodhpur
vide two separate order(s) dated 05.10.2017 and 08.09.2017,
passed in transfer applications No.113/2017 892/2016
Meanwhile, the respondent-husband has filed a case under
Section 10 of the Guardian and Wards Act, seeking custody of all
the three children, at Family Court, Merta.
Learned counsel for the petitioner contended that as two
matters filed by the respondent have already been transferred to
Family Court, Jodhpur, it would be appropriate and in the interest
of justice to transfer the present case also to Family Court,
Apart from the above, he contended that the respondent –
husband has deliberately given wrong particulars/address of the
petitioner and her children, so as to institute and maintain the
case at Family Court, Merta. It was only, because of wrong
mentioning of the address of the non-applicant-petitioner, that the
matter was registered by the Family Court, Merta.
In this connection, he invited attention of this Court towards
the cause title of the said case and the notice sent by the Family
Court, Annexures-2 1 respectively and pointed out that in the
memo of the application, the respondent-husband has shown
petitioner’s address as Tehsil Degana, District Naguar; whereas
while sending the notice, the address of the petitioner has been
given as 48, Chankya Nagar, Lal Sagar, Jodhpur. In light of these
(3 of 3)
facts he contended that the respondent has abused the process,
simply with a view to maintain the said application under Section
10 of the Guardian and Wards Act at Merta to harass the
Having gone through the material available on record and
after hearing learned counsels for the parties, this Court has no
hesitation in holding that it has been a deliberate attempt on the
part of the respondent – husband to give incorrect or old address
of the respondent, simply with a view to maintain his application
at Family Court, Merta. The respondent – husband is well aware of
the address of the petitioner and the children, according to which,
the jurisdiction of the Court as per the provision of Guardians and
Wards Act is determined.
In any case, not only the petitioner, but all the three children
also reside in Jodhpur, whose custody has been sought by way of
the subject proceedings. In the facts of the extant case, this Court
is of the considered opinion that the matter is required to be
transferred to Family Court, Jodhpur.
As a result of aforesaid discussion, the transfer application at
hand is allowed. The Civil Original Case No. 12/2017 titled as
“Harendra Kumar Vs. smt. Vijaylaxmi” is withdrawn from Family
Court, Merta and transferred to Family Court, Jodhpur.
A copy of this order be sent to both the Courts below for
facilitating transmission of the record.
(DINESH MEHTA), J.