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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Kusum Rathore – Appellant
Versus
Rajendra Koted, Ram Lal Koted – Respondent
S.B. Civil Transfer Appl. No. 62/2021
Decided On : 05-01-2022
Transfer Petition - Hindu Marriage Act - The court allowed the transfer of a case from one Family Court to another based on the convenience of the petitioner, in line with the precedent that considers the convenience of the wife in matrimonial proceedings.
Fact of the Case:
The petitioner sought the transfer of a case from the Family Court in Dungarpur to the Family Court in Udaipur, citing difficulty for the petitioner, who resided in Udaipur, to travel to Dungarpur for the proceedings.
Finding of the Court:
The court found that the convenience of the petitioner, especially considering the petitioner's residence and the pending applications in Udaipur, warranted the transfer of the case to the Family Court in Udaipur.
Issues: The main issue was the transfer of the case from one Family Court to another based on the convenience of the petitioner.
Ratio Decidendi: The court relied on the precedent that in matrimonial proceedings, the convenience of the wife should be considered, and accordingly, the matrimonial proceedings should be transferred where the wife was residing.
Final Decision: The court allowed the transfer petition and ordered the transfer of the case from the Family Court in Dungarpur to the Family Court in Udaipur.
ORDER
1. The present transfer petition has been filed by the petitioner with the prayer that the Civil Original Case No. 83/2019 pending before the learned Family Court, Dungarpur may be transferred to the learned Family Court, Udaipur.
2. Counsel for the petitioner argued that the respondent has filed a petition against the petitioner under Section 9 of the Hindu Marriage Act before the Family Court, Dungarpur. It is submitted that the petitioner has filed an application under Section 125 Cr.P.C for grant of maintenance as well as application under Domestic Violence Act before the Family Court, Udaipur and both the applications are pending and respondent has also put in appearance before the Family Court, Udaipur. It is argued that petitioner is residing at Udaipur and petitioner being lady it is very difficult for her to travel to Dungarpur which is 120 km from her residential place at Udaipur, therefore, the Misc. Case No. 83/2019 may be transferred from Family Court, Dungarpur to Family Court, Udaipur.
3. On 26.03.2021, this Court had issued notice to the respondent. As per office report, the notice has been duly serviced upon the respondent but none appeared on behalf of respondent. Even today, no one is present on behalf of respondent.
4. I have heard counsel for the petitioner and perused the documents on record.
5. From the perusal of application filed by the petitioner under Section 125 Cr.P.C, it is evident that the petitioner is staying at Udaipur whereas, the respondent has filed the application under Section 9 of Hindu Marriage Act at Dungarpur. Hon'ble Supreme Court in the case of Vinisha Jitesh Tolani @ Manmeet Laghmani Vs. Jitesh Kishore Tolani reported in 2010 (1) WLC (SC) 705 has observed that in the matrimonial proceeding instituted by the husband against the wife, the convenience of the wife has to be considered in contesting the suit and accordingly, the matrimonial proceedings ought to be transferred where the wife was residing.
6. Looking to the facts and circumstances of the case and the reasons mentioned in the transfer petition, this petition is allowed. It is ordered that the Misc. Case No. 83/2019 pending in the court of Family Court, Dungarpur be transferred to the court of learned Family Court, Udaipur.
7. The Judge, Family Court, Dungarpur is directed to send the record of the case to court of Family court, Udaipur.
In matrimonial proceedings, the convenience of the wife should be considered, and the proceedings may be transferred to the court where the wife is residing.
In matrimonial proceedings initiated by the husband against the wife, the convenience of the wife must be considered for contesting the suit, and the court may transfer the proceedings accordingly.
The convenience of the wife and the economic soundness of both parties are crucial factors in deciding the transfer of matrimonial disputes, as emphasized by relevant judgments.
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