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IN THE HIGH COURT OF RAJASTHAN
Arun Bhansali, J.
Simple Sharma - Appellant
Versus
Ishawar Prakash - Respondent
S.B. Civil Transfer Appl. No. 98/2020
Decided on : 08-04-2021
Section 9 - Transfer of Proceedings - The court allowed the transfer application under Section 24 CPC seeking transfer of the proceedings under Section 25 of the Guardian and Wards Act, 1890 from Family Court No.1, Jodhpur to Family Court, Sriganganagar, considering the express provisions of Section 9 of the Act and the convenience of both parties.
Fact of the Case:
The respondent initiated proceedings under Section 25 of the Guardian and Wards Act, 1890 for custody of the children before Family Court No.1, Jodhpur. The petitioner, along with her children, was staying at Sriganganagar, and sought the transfer of proceedings to Sriganganagar.
Finding of the Court:
The court considered the express provisions of Section 9 of the Act, which provides that the application for guardianship of the person of the minor shall be made to a District Judge having jurisdiction in the place where the minor ordinarily resides. The court also noted that the proceedings under Section 125 Cr.P.C. and under the Domestic Violence Act were pending at Sriganganagar, and allowed the transfer application to Family Court, Sriganganagar.
Issues: Transfer of proceedings under Section 25 of the Guardian and Wards Act, 1890 from Family Court No.1, Jodhpur to Family Court, Sriganganagar.
Ratio Decidendi: The court relied on the express provisions of Section 9 of the Act, which mandates that the application for guardianship of the person of the minor shall be made to a District Judge having jurisdiction in the place where the minor ordinarily resides. Additionally, the court considered the convenience of both parties and the fact that other proceedings between the parties were pending at Sriganganagar.
Final Decision: The transfer application was allowed, and Case No.55/2020 pending before Family Court No.1, Jodhpur was ordered to be transferred to Family Court, Sriganganagar. The parties were directed to appear before the Family Court at Sriganganagar on 27.04.2021, and Family Court No.1, Jodhpur was directed to remit the record to Family Court, Sriganganagar immediately.
JUDGMENT
1. Heard learned counsel for the parties on application filed under Section 24 CPC seeking transfer of the proceedings under Section 25 of the Guardian and Wards Act, 1890 ('the Act1) from Family Court No.1, Jodhpur to Family Court, Sriganganagar.
2. It is, inter-alia, indicated in the application that the respondent has initiated proceedings under Section 25 of the Act against the petitioner for custody of the children before the Family Court No.1, Jodhpur.
3. Submissions have been made that as the petitioner alongwith her children is staying at Sriganganagar, the proceeding be transferred to Sriganganagar.
4. Submissions have also been made about certain matrimonial proceedings pending before the courts at Sriganganagar between the parties under Section 125 Cr.P.C. and under the Domestic Violence Act, besides the fact that the petitioner has also filed an FIR against the respondent.
5. The application has been contested by the respondent, inter-alia, indicating that looking to the nature of the petitioner, in case, the proceedings are transferred to Sriganganagar, the respondent has apprehension regarding bodily harm being caused to him, therefore, the proceedings be not transferred.
6. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
7. The provision of Section 9 of the Act provides that the application for guardianship of the person of the minor shall be made to a District Judge having jurisdiction in the place where the minor ordinarily resides.
8. A perusal of the application filed as Annex. 1 indicates that the respondent has given address of the petitioner at Sriganganagar and has indicated the fact that she has taken the children from the custody of the respondent to Sriganganagar.
9. In view thereof, in view of the express provisions of Section 9 of the Act, the proceedings even otherwise should have been filed before the courts at Sriganganagar.
10. It is not in dispute that the proceedings under Section 125 Cr.P.C. under the Domestic Violence Act are also pending at Sriganganagar and on that count also, irrespective of provisions of the Act, the proceedings between the parties must be conducted at one place, which would be appropriate for both the parties.
11. So far as the apprehension expressed by the respondent regarding any bodily injury being inflicted on him is concerned, incase of such eventuality, he should take appropriate proceedings in accordance with law.
12. In view of the above discussion, the transfer application is allowed. Case No.55/2020 pending before the Family Court No.1, Jodhpur is ordered to be transferred to Family Court, Sriganganagar.
13. The parties shall appear before the Family Court at Sriganganagar on 27.04.2021.
14. The Family Court No.1, Jodhpur is directed to remit the record to Family Court, Sriganganagar immediately.
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