HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Transfer Application No. 147 / 2017.
Uma Devi W/o Shri Vinod Kumar, D/o Shri Moti Ram, Aged About
34 Years, By Caste Vaishnav, R/o Dorda, Tehsil Jaswant Pura,
District Jalore, Presently R/o New Mahavir Colony, Sumerpur,
Tehsil Sumerpur, District Pali. (………..Wife)
Vinod Kumar S/o Shri Jagdish Das, Aged About 37 Years, By Caste
Vaishnav, R/o Dorda, Tehsil Jaswant Pura, District Jalore, Presently
R/o Sheetal Apartment, a Wing, 401 Khaugalli, Bhayander (West)
District Thane, Maharashtra. (………Husband)
For Petitioner(s) : Mr. Ramesh Purohit.
For Respondent(s) : None present.
JUSTICE DINESH MEHTA
Despite service of notice, nobody has put in appearance on
behalf of the respondent-husband.
The present transfer application under Section 24 of the
Code of Civil Procedure, 1908, seeking transfer of the Divorce
Petition (No. 52/2014 titled as ” Vinod Vaishnav Vs. Smt. Uma)
under Section 13 of the Hindu Marriage Act, filed by the
(2 of 5)
respondent-husband, which is pending before Additional District
Judge, Bhinmal to the competent Court at Sumerpur.
Mr. Ramesh Purohit, learned counsel for the petitioner-wife,
narrating the facts relevant for the purpose of deciding the
present transfer application, submitted that the petitioner got
married with the respondent on 27.02.2009, after observing the
customs and rituals prevailing in Hindus. However, her
matrimonial relationship with the respondent-husband could not
go smoothly, in wake of ill-treatment meted out to her by the
respondent-husband, for which, she has come to Sumerpur to live
with her parents.
The petitioner has filed a case under Section 12 read with
Sections 18, 19, 20, 22 and 23 of the Protection from Domestic
Violence Act against the respondent-husband in the Court of
competent jurisdiction, which is pending adjudication before
Judicial Magistrate, First Class, Sumerpur, District Pali. In the
meanwhile, the respondent-husband has filed a petition for
divorce under Section 13 of the Hindu Marriage Act before the
Additional District Judge, Bhinmal.
Mr. Ramesh Purohit, learned counsel for the petitioner
submitted that the petitioner finds it difficult and troublesome to
travel to Bhinmal, which is about 150 kms. from Sumerpur, as
there is absence of proper means of communication and she
needs a male companion for attending the hearing at Bhinmal.
Mr. Purohit further contended that the respondent-husband, who is
presently residing at Bhaiendar, District Thane (Maharashtra) has
to take journey, either to Bhinmal or to Sumerpur to pursue the
(3 of 5)
present cases. In view of these facts, Mr. Purohit contended that
it would be proper, in the interest of justice and convenient to all
concerned, if the matter (Divorce Petition No. 52/2014) is
transferred to a competent Court at Sumerpur.
In the fact situation obtaining in the present case, I am of
the considered view that, if the matter is transferred to Sumerpur
from Bhinmal, it would be not only convenient to the petitioner-
wife but also to the respondent-husband, who is already
contesting a case filed by the petitioner-wife at Sumerpur.
My aforesaid views are fortified from the judgment rendered
by this Court in the case of Smt. Vinita Vs. Himanshu, reported
in AIR 2017 Rajasthan 102.
It will not be out of context to quote relevant excerpts from
the judgment of Smt. Vinita Vs. Himanshu (supra), wherein this
Court has held as under:-
“It is, therefore, felt imperative to examine and
explore the necessary principles governing transfer
applications, filed by families, entangled in forensic
fights, while invoking powers conferred upon this
Court by Section 24 of the Code of Civil Procedure,
According to this Court, the provisions of Section
24 of the Code provides a great deal of discretion in
the court, however, such discretion is required to be
exercised on the basis of sound principles. It is true
that the discretionary power, more particularly, the
jurisdiction in relation to transfer of cases, can not be
(4 of 5)
imprisoned or bound within a straight jacket or cast-
iron formula, uniformly applicable to all situations, yet
the courts are required to be mindful of the fact that
the power to transfer a case must be exercised with
due care, caution and circumspection.
Keeping in mind the provisions and mandate of
Sections 24 and 25 of the Code, various judicial
pronouncements have laid down broad propositions as
to what may constitute a ground for transfer of a case.
Generally speaking, they are, balance of convenience
or inconvenience to the plaintiff or defendant or
witnesses; convenience or inconvenience arising out of
a particular place of trial, having regard to the nature
of evidence or the points involved in the case; issues
raised by the parties; and, reasonable apprehension in
the mind of a litigant that he might not get justice in
the court, where the proceedings are pending, or
reasonable apprehension of failure of justice on the
basis of a proven bias. These few factors are some of
the aspects, germane in considering the question of
transfer of a suit, appeal or other proceedings.
It may be true that distance alone may not be
decisive factor but it has its own role while considering
the convenience of the parties, particularly, a wife.
Court should focus on the convenience rather than
redressal or mitigating against inconvenience.
Convenience itself is a vital factor, to be reckoned
(5 of 5)
while deciding a Transfer Petition. Suffice it to say,
that in the present case, it is not the distance alone for
which this Court finds that it would be convenient for
the petitioner-wife to defend the case in question at
Bhilwara instead of Chittorgarh. There are other
surrounding circumstances stated above, for which
this Court feels it appropriate to transfer the case to
the court at Bhilwara.”
In view of the discussions aforesaid, the Case No. 52/2014
titled as “Vinod Vaishnav Vs. Smt. Uma” is withdrawn from the
Additional District Judge, Bhinmal to be transferred to Additional
District Judge, Sumerpur.
A copy of this order be sent to the respondent-husband, and
both the Courts concerned for information and facilitating
transmission of the record.
The Transfer Application is allowed, as indicated above.
(DINESH MEHTA), J.