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2006 Supreme(Raj) 1655

High Court Of Rajasthan
Judgename : Narendra Kumar Jain
Santosh Kumar - Appellant
Versus
Shankar Singh Tanwar - Respondent
S.B. Civil Transfer Petition No. 54 of 2004
Decided On : 05/24/2006

Advocates Appeared:
Mr. Anil Upman, for the Petitioner.
Mr. D.S. Poonia, for the Respondent.

Headnote:

Transfer Petition - Section 24 of the Civil Procedure Code - The court dismissed the transfer petition filed by the wife, citing her dependency on her father as insufficient grounds for transfer. The court referred to the case of Gargi Konar vs. Jagjeet Singh, 2005 (11) SCC 446, where it was held that the respondent can be directed to pay for the petitioner's expenses for each court appearance, and dismissed the transfer petition.

Fact of the Case:

The petitioner wife filed a transfer petition under Section 24 of the Civil Procedure Code to transfer a case pending in Jaipur to Bayana, citing her dependency on her father as the reason for transfer.

Finding of the Court:

The court found that the wife's dependency on her father was not sufficient grounds for transfer, and dismissed the transfer petition. The court directed the petitioner to file an application for payment of expenses for each court appearance, which would be decided by the concerned court expeditiously.

Issues: Transfer of case under Section 24 of the Civil Procedure Code based on the wife's dependency on her father.

Ratio Decidendi: The court held that the wife's dependency on her father was not a ground for transfer, citing the case of Gargi Konar vs. Jagjeet Singh, 2005 (11) SCC 446, where it was established that the respondent can be directed to pay for the petitioner's expenses for each court appearance.

Final Decision: The transfer petition was dismissed, and the petitioner was directed to file an application for payment of expenses for each court appearance, to be decided expeditiously by the concerned court.

Judgment

Narendra Kumar Jain, J.-Heard learned Counsel for the parties.

2. The petitioner wife has filed this transfer petition under Section 24 of the Civil Procedure Code for transferring the case No. 446 of 2003 pending in the Family Court No. 2, Jaipur, to the Additional District and Sessions Judge, Bayana, District Bharatpur.

3. Learned Counsel for the petitioner contended that the petitioner wife is a helpless woman fully dependent upon her father. He further contended that the father of the petitioner is a Government Servant, therefore, it is not possible for him to go with the petitioner on each and every date, therefore, case be transferred from Jaipur to Bayana.

4. In my view the ground stated by the learned Counsel for the petitioner is not sufficient to transfer the case from Jaipur to Bayana. The Honble Supreme Court in Gargi Konar vs. Jagjeet Singh, 2005 (11) SCC 446, held as under :-

"2. The only ground made out in the transfer petition by the petitioner wife is that she is a helpless woman fully dependent upon her father and that her financial capacity is not such so that she can contest the proceedings in Bhatinada in the State of Punjab.

3. In our view, this is not a ground for transfer at all. The respondent can be directed to pay for her and her companions, to and fro and stay, expenses, on every occasion on which she is required to travel. The Additional Civil Judge before whom the case is pending is directed to quantity the amount and to ensure that the same is paid to her on every occasion that she is required to remain present in the Court. With these directions the transfer petition stands dismissed".

5. In view of the above I do not find any force in the contention of the learned Counsel for the petitioner and the transfer petition is accordingly dismissed. It will be open for the petitioner to file application before the concerned Court for payment of expenses for each and every date. In case such application is filed then the concerned Court is directed to decide the same expeditiously.


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