In matrimonial proceedings, the convenience of the wife should be given preference over that of the husband, especially when the husband is deliberately avoiding service of notices and attempting to manipulate the judicial process.

Veerender Singh Siradhana, J.

1. The above-noted two Transfer Applications have been instituted on behalf of the applicant-wife (Smt. Sunita), with a prayer for transfer of the proceedings instituted by the non-applicant-husband before the Family Court, Dungarpur, to the Family Court, Sikar. One for setting aside the ex-parte divorce decree dated 22nd March, 2013, and the other for custody of the minor son born out of the wedlock. On institution of the transfer applications, notices were issued to the non-applicant-husband on 4th March, 2015 and 4th December, 2015. Since, service could not be effected, notices through the Registered Post A.D., were issued on 12th January, 2016 in Transfer Application (23/2015), which have been received back unserved with the report 'refused to receive the notices'. In the other Transfer Application, the notices issued through Ordinary Post as well as Registered Post, have also been received unserved with the report that 'concerning person was not found and his father refused to receive the notices'.

2. Learned counsel for the applicant-wife contended that the non-applicant-husband is deliberately and intentionally avoiding service of the notice after having secured an ex-parte divorce decree. It is further submitted that four proceedings, instituted by the applicant-wife, are pending before the various Courts in District Sikar. It is also pointed out that the applicant-wife apprehending that the non-applicant-husband may abscond; she requested the Chief Judicial Magistrate, Sikar, to seize his passport and thereupon, a communication was addressed to that effect on 4th June, 2012, to the Superintendent of Police, Dungarpur, to seize his passport, in case he attempted to leave the country. S.B. Criminal Misc. Petition Number 2626/2014 (Lokesh v. State), assailing the proceedings with reference to seizer of passport, was dismissed as withdrawn while allowing the prayer for conclusion of the trial within the specified time frame.

3. Referring to Section 13 of the Family Court Act, 1984; learned counsel pointed out that no party to a suit or proceeding before a Family Court shall not be entitled, as of right, to be represented by a legal practitioner with the exception that the Family Court may seek the assistance of a legal expert as amicus curiae, if considered necessary. But the non-applicant-husband in the facts aforesaid has device a new mechanism of pursuing the proceedings before the Family Court, Dungarpur, through his father and, is thus, avoiding the service. Moreover, father of the non-applicant-husband, who is pursuing the proceedings before the Family Court, Dungarpur, has also declined to accept notice, as would be evident from the report made by the Process Server in Transfer Application (146/2015). Since the applicant-wife has also instituted a Suit (31/2011), with a prayer to restrain the non-applicant-husband to entertain into another wedlock, it appears that the non-applicant-husband is playing game of 'hide and seek' in the judicial process.

4. According to the learned counsel, a minor son born out of the wedlock is residing with the applicant-wife and she is staying with her parents in District Sikar totally depending upon them as she has no source for her livelihood from any quarter. It is further submitted that distance between Sikar to Dungapur are about 650 km. In order to sustain his claim, learned counsel has placed reliance on the opinion of the Hon'ble Supreme Court in the case of Simi Mehrotra v. Anil Mehrotra, (2002) 10 SCC 70.

5. I have heard the learned counsel for the applicant-wife and with his assistance, perused the materials available on record as well as gave my thoughtful consideration to the submissions at Bar.

6. From the materials available on RECORD, it is evident that the notices issued on Transfer Application (23/2015), have been received back with a note of 'refusal to accept notice', sent through, the Registered Post. In the other Transfer Applicatio