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Swati Paliwal vs Neeraj @ Tejas Paliwal on 11 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Transfer Appl. No. 127/2019

Swati Paliwal W/o Shri Neeraj @ Tejas Paliwal D/o Late G.K.
Tiwari, aged about 36 years, B/c Brahmin, R/o A-143, Tara
Nagar, Jhotwara, Near Ganesh Mandir, Narmada Path, Kalwar
Road, Jaipur, Rajasthan.

—-Petitioner
Versus
Neeraj @ Tejas Paliwal S/o Shri Mohan Lal Paliwal, R/o 11/530,
Chopasani Housing Board, Jodhpur, Rajasthan.

—-Respondent

For Petitioner(s) : Mr. Sachin Bhati

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/09/2019

1. The present transfer application has been moved by the

petitioner-wife seeking transfer of petition filed by the respondent-

husband under Section 13 of the Hindu Marriage Act, 1955 being

Civil Misc. Case No. 395/2018 (Neeraj @ Tejas Paliwal Vs. Smt.

Swati Paliwal) pending in the Family Court No. 1, Jodhpur to the

Family Court First, Jaipur by invoking Section 24 of the Code of

Civil Procedure, 1908.

2. Heard.

3. Learned counsel for the petitioner-wife submits that the

petitioner was married to the respondent in the year 2011 but

because of the strained relationship in the marital life of the

parties, they are living separately and various litigations are

pending between them in the courts of law at Jaipur. The

respondent- husband is attending the court proceedings at Jaipur

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but he has filed the petition under Section 13 of the Act of 1955

before the Family Court No. 1, Jodhpur. Learned counsel further

submits that it is difficult for the petitioner to travel from Jaipur to

Jodhpur for attending the proceedings in the divorce petition filed

by the respondent-husband. Since the petitioner is living with her

old and infirm mother and her father had passed away a few years

back and there is no other person to look after her old mother and

therefore, it is arduous for the petitioner to attend the hearings in

the divorce petition at Family Court No. 1, Jodhpur.

4. The grounds raised as above for transfer of matrimonial

matter has been time and again accepted as valid and justified

grounds for transfer of case to the place where the wife is residing

by this Court as well as by the Hon’ble Supreme Court in Sumita

Singh Vs. Kumar Sanjay Ors., reported in (2001) 10 SCC

41; Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition

(Civil) No.622/2007 decided by Supreme Court on

10.11.2008] ; Manju Varma Vs.State of U.P. and Ors. [Civil

Appeal No. 8290 of 2002 decided by the Supreme Court on

17.11.2004] and ; Arti Rani @ Pinki Devi Vs. Dharmendra

Kumar Gupta, reported in (2008) 9 SCC 353.

5. Section 24 CPC reads as under:-

“24. General power of transfer and withdrawal.-

(1) On the application of any of the parties and after
notice to the parties and after hearing such of them as
desired to be heard, or of its own motion without such
notice, the High Court or the District Court may at any
stage-

(a) transfer any suit, appeal or other
proceeding pending before it for trial or
disposal to any Court subordinate to it and
competent to try or dispose of the same, or

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(b) withdraw any suit, appeal or other
proceeding pending in any Court subordinate
to it, and-

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal
to any Court subordinate to it and
competent to try or dispose of the same;
or

(iii) retransfer the same for trial or
disposal to the Court from which it was
withdrawn.

(2) Where any suit or proceeding has been transferred
or withdrawn under sub-section (1), the Court which
1[is thereafter to try or dispose of such suit or
proceeding] may, subject to any special directions in
the case of any order of transfer, either retry it or
proceed from the point at which it was transferred or
withdrawn.

(3) For the purposes of this section,-

(a) Courts of Additional and Assistant Judges
shall be deemed to be subordinate to the
District Court;

(b) “proceeding” includes a proceeding for the
execution of a decree or order.

(4) the Court trying any suit transferred or withdrawn
under this section from a Court of Small Causes shall,
for the purposes of such suit, be deemed to be a Court
of Small Causes.

(5) A suit or proceeding may be transferred under this
section from a Court which has no jurisdiction to try
it.”

6. It is noticed that Section 24 of C.P.C. does not require it

necessary to issue notice to the other side and this Court, on its

own motion or on being satisfied at any stage, pass appropriate

orders for transfer of the concerned case. Similar view has been

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taken by this Court in Bhanu Kumari Vs. Jitendra Singh

Ors., reported in 2007(2) RLW (Raj.) 1077.

7. This Court also notices that in normal course, transfer

petitions are filed in this Court and they remain pending for years

as service is avoided by the other side. In some cases, interim

orders are passed by the Court resulting in the matrimonial matter

remaining undecided in the concerned family court.

8. Thus, in the interest of justice and with the purpose of

expeditious disposal of the matter, this Court invokes its power

under Section 24 of C.P.C. and deems it appropriate to allow

present transfer application and directs the transfer of concerned

case to the place, as prayed for in the application filed by the

petitioner-wife.

9. Accordingly, the present transfer petition is allowed and

the petition filed by the respondent-husband under Section 13 of

the Hindu Marriage Act, 1955 being Civil Misc. Case No. 395/2018

(Neeraj @ Tejas Paliwal Vs. Smt. Swati Paliwal) pending in the

Family Court No. 1, Jodhpur is transferred to the Family Court

First, Jaipur with a direction to the Family Court First, Jaipur,

where the case is transferred, to give notice to both the parties of

the date on which they have to remain present before it.

(VINIT KUMAR MATHUR),J

15-Inder/-

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