The court has the power to transfer a suit, appeal, or proceeding pending before it for trial or disposal to any competent court under Section 24 of the Code of Civil Procedure.

JUDGMENT

1. The present transfer petition has been filed by the petitioner- husband under Section 24 of the Code of Civil Procedure seeking transfer of divorce petition filed by the respondent-wife under Section 13 of Hindu Marriage Act, 1955 being Civil Original Case No.92/2021 ("Bhawana Ramawat v. Revatiraman Tilawat") pending before the learned Family Court, Chittorgarh to learned Family Court, Bikaner.

2. Heard.

3. Learned counsel for the petitioner submits that the marriage was solemnized between the petitioner and respondent on 11.12.2017 as per Hindu rites. No child was born out of the wedlock. The petitioner-husband is residing in village Thanvla, district Nagaur and there is no one in his family who lives in Chittorgarh. The distance from village Thanvla to Chittorgarh is around 350 kms. It is pleaded that the respondent-wife showing herself as tenant residing in Chittorgarh filed divorce petition under Section 13, Hindu Marriage Act in Family Court, Chittorgarh. It is further pleaded that the respondent-wife has lodged FIR No. 108/2020 for offences under Sections 498A, 406, 323, 342, 354 and 420 IPC in Police Station, Mahila, Bikaner. Also, the notices of petitioner husband's application for restitution of conjugal rights pending before learned Family Court, Merta have not been served on the respondent-wife in Chittorgarh. It is also pleaded that the divorce petition has been filed by the respondent-wife before Family Court, Chittorgarh only to harass the petitioner-husband. He will be put under great degree of hardship in defending the case being Civil Original Case No.92/2021 ("Bhawana Ramawat v. Revatiraman Tilawat") pending before the Court of learned Judge, Family Court, Chittorgarh. He has prayed that the case pending before the learned Family Court Chittorgarh may be transferred the learned Family Court, Bikaner.

4. Section 24 CPC reads as under:

"24. General power of transfer and withdrawal:

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and

(i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section,-

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) "proceeding" includes a proceeding for the execution of a decree or order. (4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it."

5. No reply to the present transfer application has been filed on behalf of the respondent-wife. The counsel for the respondent-wife however opposed the prayer of transfer of divorce petition filed by respondent wife being Civil Original Case No.92/2021 ("Bhawana Ramawat v. Revatiraman Tilawat") pending before the Court of learned Judge, Family Court, Chittorgarh. From the record of the case, it is clear that application filed by the petitioner-husband under section 9 for restitutio