Important point - Section 24 of the Code confers powers upon High Court to transfer a case from one court to the other, at any stage, if it is satisfied that such an order is expedient for the ends of justice.

1. Avoiding the unwarranted details, the facts germane to the adjudication of the present Transfer Application in a nutshell are that the marriage of petitioner Smt Vinita and respondent Himanshu was solemnized on 01st May 2004 at Pindwara, District Sirohi.

2. Two children, namely Krishna Gopal and Govind Gopal, born out of their wedlock. Getting along for some time, there arose some differences and disputes between the two, due to which the petitioner has been allegedly scooped out of the house by respondent. Petitioner, thus, started living with her paternal aunt (Bhua) at Gangapur, Bhilwara.

3. Faced with such situation, petitioner filed an application under Section 13 of the Hindu Marriage Act, 1955 {herein after ‘the Act of 1955’} on 08.04.2013 in Family Court, Bhilwara, seeking dissolution of the marriage.

4. The petitioner also lodged an FIR under Sections 498A, 406, 323 and 452 of the Indian Penal Code, being aggrieved of the demand of dowry and cruelty meted to her by the respondenthusband. The investigation in the FIR and the proceedings in aforesaid application under sec.13 of the Act of 1955, filed by the petitioner, are continuing by the competent courts at Bhilwara.

5. In the meanwhile, the respondent-husband filed an application under Section 9 of the Act of 1955, seeking restitution of conjugal rights, at Chittorgarh in Family Court. Said case, filed on 19.09.2013, has been registered as Case No.738/2013.

6. Upon receipt of the notices of the aforesaid case from the Family Court, Chittorgarh, the petitioner appeared and submitted that since she has moved an application for transfer of the case to Bhilwara, the proceedings may be kept in abeyance.

7. This is how the present Transfer Application filed by the petitioner has come up for consideration before this Court.

8. While issuing notices of the present Transfer Application on 10.02.2014, this Court had stayed further proceedings in aforesaid Case No.738/2013, pending before the Family Court, Chittorgarh.

9. Mr Sandeep Saruparia, learned counsel for the petitioner stated that two cases filed by the petitioner, mentioned above, namely the application for divorce under Section 13 of the Act of 1955 as well as the criminal case pursuant to the FIR lodged by the petitioner, are pending in courts of Bhilwara; the petitioner is having two young children, aged 4 years and 2 years, residing with her at Gangapur. Considering these facts, he contended that it would be very difficult for the petitioner to attend the proceedings before the Family Court at Chittorgarh, which is about 100 kms from Gangapur.

10. In support of his arguments, Mr Saruparia referred to judgments of the Supreme Court, reported in AIR 2000 SC 3403 – Ravindra Kaur v. Hitendra Singh, AIR 2000 SC 3405- Renu Gautam v. Vinod Gautam, AIR 2013 Raj 28- Anshu Bhatnagar v. Rajendra Bhatnaga and AIR 2002 SC 396 – Sumita Singh v. Kumar Sanjay and submitted that in identical fact situations, the courts have ordered transfer of the case looking to convenience of the wife and pendency of the cases at a particular place.

11. Per contra, Mr Abhinav Jain, appearing for the respondent husband, contended that merely because the distance of the court where the proceedings are continuing is far from the place of residence of the wife, a case can not be transferred. In support of his contention, he cited judgment of this Court in the case of Uma Dwivedi (Smt) v. Nilaksh Dwivedi, reported in 2015 (4) DNJ (Raj) 1766 and judgment of the Supreme Court rendered in the case of Anindita Das v. Shrijit Das reported in 2006 (9) SCC 197.

12. I have heard learned counsel for the parties and perused the judgments cited by the counsels from both the sides.

13. On perusal of the judgments cited by the rival parties, I find that all the above referred judgments are based on the facts of the individual case.

14. It is, therefore, felt imperative to examine and explore the necessary principles governing transfer applications, filed by fami