Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Anju Boyal – Appellant
Versus
Ravindra Kumar – Respondent
S.B. Crl.Misc.Trnfr.Pet. No. 1 of 2021
Decided On : 07-04-2022
Transfer Petition - Transfer of Matrimonial Litigation - Code of Civil Procedure - Section 24, Hindu Marriage Act, Protection of Women from Domestic Violence Act, 2005 - [Section 24 of the Code of Civil Procedure, Hindu Marriage Act, Protection of Women from Domestic Violence Act, 2005] - The court allowed the transfer petition filed by the petitioner, a working woman and mother of two minor children, on the grounds of inconvenience caused by long-distance travel and the need to look after her children. The court emphasized the petitioner's multiple duties as a working woman and the pending litigation in Bhilwara, ultimately deciding that the transfer would cause less inconvenience compared to the respondent. The court ordered the transfer of the matrimonial litigation from Chirawa, Jhunjhunu to Bhilwara, directing the parties to appear before the Family Court, Bhilwara for further proceedings.
Fact of the Case:
The petitioner, a working woman and mother of two minor children, sought the transfer of matrimonial litigation from Chirawa, Jhunjhunu to Bhilwara, citing difficulties in traveling long distances and the need to care for her children. The respondent denied the allegations and opposed the transfer, offering to cover the petitioner's travel expenses.
Finding of the Court:
The court found that the petitioner, being a working woman and mother of minor children, would face significant difficulties in traveling long distances and leaving her children unattended. The court also noted the pending litigation in Bhilwara and the inconvenience caused to the petitioner, ultimately allowing the transfer petition.
Issues: The main issue was whether the transfer of matrimonial litigation from Chirawa, Jhunjhunu to Bhilwara should be allowed, considering the petitioner's status as a working woman and mother of minor children.
Ratio Decidendi: The court's decision was influenced by the petitioner's multiple duties as a working woman, the inconvenience caused by long-distance travel, and the need to care for her children. The court emphasized that the transfer would cause less inconvenience compared to the respondent, ultimately allowing the transfer petition.
Final Decision: The court allowed the transfer petition, ordering the transfer of the matrimonial litigation from Chirawa, Jhunjhunu to Bhilwara, and directing the parties to appear before the Family Court, Bhilwara for further proceedings.
ORDER
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. Learned counsel for the petitioner has shown the judgment rendered by this Hon'ble Court for the same petitioner in Anju Boyal Vs. Ravindra Kumar (S.B. Civil Transfer Petition No.87/2020) decided on 11.03.2022, which reads as under:
'The instant petition under Section 24 of the Code of Civil Procedure has been filed by the petitioner - wife seeking transfer of petition filed against respondent - husband under Section 9 of Hindu Marriage Act, presently pending in the court of Additional District Judge - Family Court, Chirawa, Jhunjhunu to the Family Court, Bhilwara.
Averments made in the petition are as under:-
Petitioner -wife got married with the respondent - husband in the year 2007 as per Hindu rites and rituals. Out of their wedlock, two children being a boy and a girl were born. Respondent gave beating to the petitioner and involved in adultery also. For one such incident, petitioner registered a complaint at Mahila Police Station, Bhilwara on 21.8.2020. Respondent filed an application under Section 9 of the Hindu Marriage Act before the Additional District Judge, Chirawa for restitution of conjugal rights for which Court issued notice to the petitioner. Petitioner has also filed application under Section 13(1) of Hindu Marriage Act for declaring her marriage null and void and application for maintenance under Section 125 of Cr.P.C. Petitioner also filed an application under Sections 9 and 37 of Protection of Women from Domestic Violence Act, 2005. There is constant threat perception in the mind of the petitioner that the respondent may cause harm either to the petitioner or her children and parents. Therefore, it is very difficult for the petitioner to appear and contest the case pending before the Court at Chirawa, Jhunjhunu. Petitioner resides at Bhilwara and works at Chittorgarh. The children of the petitioner are minor and require constant attention of the petitioner as there is no one else in the family to look after them. Petitioner cannot leave her children alone even for a single day and attend the case at Chirawa, Jhunjhunu. It would be appropriate that application for restitution of conjugal rights filed by the respondent pending before the learned Additional District Judge - Family Court, Chirawa be heard by the learned Family Court, Bhilwara before whom application under Section 13(1) of Hindu Marriage Act for declaring marriage null and void is also pending. Petition has been supported by the affidavit.
In reply to the transfer petition, respondent - husband has denied allegations made against him. As per him, petitioner lodged the FIR on frivolous grounds only to harass him. Father of the respondent has also lodged an FIR before the Judicial Magistrate, Chirawa. Respondent is jobless. He loves his children and can never threaten or harm them. Petitioner has not come with true and correct facts. Petitioner travels daily from Bhilwara to Sinhana, Chittorgarh to discharge her duties as a Teacher without any complaint. Her entire case is based only on travelling difficulties and no other substantial reason has been stated by the petitioner for filing transfer petition.
Learned counsel for the petitioner relied upon the following judgments:-
(1) Sangeeta Alias Shreya vs. Prasant Vijay Wargiya : 2004 13 SCC 407.
(2) Vibha Jain vs. Naresh Kumar Somiya : 2018 3 DNJ 1251
On the other hand, learned counsel for the respondent submits that transfer petition filed by the petitioner cannot be allowed only on the ground that she is a lady and inconvenience will cause to her for travelling from Bhilwara to Chirawa, District Jhunjhunu. Learned counsel for the respondent also submits that the petitioner would be paid expenses for her travelling and stay at Chirawa. Learned counsel for the respondent relied on the followin
The court considered the petitioner's status as a working woman and mother of minor children, emphasizing the need to minimize inconvenience caused by long-distance travel and the importance of carin....
The central legal point established in the judgment is the consideration of the petitioner's status as a working woman and mother of minor children, and the significant difficulties she faced in trav....
The court may allow the transfer of a case if valid and reasonable grounds, such as inconvenience and hardship for the petitioner, are presented.
The convenience of the female litigants and the factors to be considered in matrimonial disputes, as established in relevant judgments, are crucial in deciding the transfer of legal proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
