Consolidation of cases under the Hindu Marriage Act, 1955 to avoid different conclusions on the same facts and evidence.

JUDGMENT/ORDER :

Rameshwar Vyas, J.

1. The instant application under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the petitioner-wife seeking transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 (afterwards referred to as the Act of 1955"), by her against the respondent-husband bearing Case No. 535/2019 titled as Smt. Neelam v. Narpat Singh" from the Family Court No. 1, Jodhpur to Family Court No. 2, Jodhpur.

2. As per averments made in the application, marriage between the parties was solemnized as per Hindu rites and rituals at Jodhpur on 08.05.2014. The petitioner made various allegations regarding subjecting her with cruelty against her husband and in-laws, for which the F.I.R. No. 119/2015 at P.S. Mahila Thana (East), Jodhpur was lodged, in which, after investigation, police submitted charge-sheet against the respondent-husband and his elder brother Indra Singh for the offences under Sections 498-A & 406 of I.P.C. before the court of Metropolitan Magistrate No. 2, Jodhpur Metropolitan. The petitioner has also filed the application under the provisions of the Protection of Women from Domestic Violence Act, 2005 before the Additional Chief Metropolitan Magistrate No. 3, Jodhpur Metropolitan. The respondent has filed the application under Section 13 of the Act of 1955 against the petitioner before the Family Court No. 2, Jodhpur bearing Case No. 422/2015 (Narpat Singh v. Neelam). The petitioner has filed the application under Section 9 of the Act of 1955 against the respondent before the Family Court No. 1, Jodhpur. As per the petitioner, divorce petition filed by the respondent is pending before the Family Court No. 2, Jodhpur, whereas, the application under Section 9 of the Act of 1955 filed by the petitioner is pending before the Family Court No. 1, Jodhpur. Both the applications under Section 9 and Section 13 of the Act of 1955, as far as possible, should be consolidated and decided by the same Court. Therefore, it has been prayed to allow the transfer petition. The application is supported by the affidavit of the petitioner. The copies of the litigation pending between the parties have also been placed on record.

3. In reply, the respondent averred that the petitioner has filed false F.I.R. and complaint under the Domestic Violence Act against him, which are pending against him. The respondent filed the application under Section 13 of the Act of 1955 and thereafter, the petitioner has instituted all the cases/proceedings against him including the application under Section 9 of the Act of 1955, which was filed after four years of filing the divorce petition. There is no need to file application under Section 9 of the Act of 1955 because whatever facts mentioned in this application are already on record in reply to the divorce petition filed by the petitioner. Therefore, it has been prayed to dismissed the transfer application filed by the petitioner.

4. During the pendency of the present transfer petition, the petitioner has moved an application (Inward No. 2/2022) stating that the application under Section 9 of the Act of 1955 pending before the Family Court No. 1, Jodhpur stands transferred to the Family Court No. 3, Jodhpur, which has been registered as Case No. 28/2021.

5. Heard learned counsel for the parties and perused the material available on record.

6. After perusal of the record, it reveals that appellant-husband has filed the application under Section 13 of the Act of 1955 for dissolution of marriage solemnized between the parties, which is pending before the Family Court No. 2, Jodhpur, whereas, the application under Section 9 of the Act of 1955 filed by the petitioner is now pending before the Family Court No. 3, Jodhpur. In the considered opinion of this Court, evidence produced in defence in the application under Section 9 of the Act of 1955 and evidence in support of divorce petition would be common. If Family Court accepts evidence of the husband in the divorc