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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Satish Kumar Sharma, J.
Poonam Srivastava - Appellant
Versus
Rambabu Sharma - Respondent
S.B. Civil Transfer Application No. 137/2021
Decided On : 28-10-2021
TRANSFER - MATRIMONIAL DISPUTE - The court emphasized the importance of convenience in adjudicating matrimonial disputes, allowing the transfer of a divorce case to ensure all related matters are heard in one location, thereby promoting judicial efficiency and reducing the burden on the parties involved.
Fact of the Case:
The petitioner-wife filed a transfer application under Section 24 of CPC to move her divorce case from Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur, citing an existing case against the respondent-husband in the latter court.
Finding of the Court:
The court found that consolidating all matrimonial disputes in one court would be more convenient for the petitioner-wife and would facilitate a more efficient resolution of the cases.
Issues: Whether the transfer of the divorce case from Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur is justified based on the convenience of the parties involved.
Ratio Decidendi: The court held that the convenience of the petitioner and the need for related cases to be heard together justified the transfer, aligning with the principles of judicial efficiency and convenience in family law matters.
Result: The transfer application was allowed, and the case was ordered to be transferred to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur.
JUDGMENT
This transfer application has been filed under Section 24 of CPC seeking transfer of the case No. 155/2019 titled as Rambabu v. Poonam under Section 13 of Hindu Marriage Act pending in Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur.
Learned counsel for the petitioner-wife submits that the petitioner-wife is already prosecuting one case against the respondent-husband at Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur whereas the respondent-husband has filed the above Section 13 of Hindu Marriage Act application in Family Court, Karauli for seeking divorce from the petitioner-wife, which deserves to be transferred as prayed.
Learned counsel for the respondent has opposed the transfer application.
It is appropriate that considering the convenience of petitioner-wife, all the cases arising out of matrimonial dispute should be adjudicated by Court(s) situated at one place, therefore, the transfer application is allowed and the said case No. 155/2019 titled as Rambabu v. Poonam pending before Family Court, Karauli is ordered to be transferred from Family Court, Karauli to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur.
Family Court, Karauli is directed to transmit the record of the said case to Additional District & Sessions Judge, Gangapurcity, Sawaimadhopur.
Copy of this order be transmitted to both the both the Courts for further compliance.
The court established that in matrimonial disputes, the convenience of the parties and the consolidation of related cases in one jurisdiction are paramount considerations for transferring cases.
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 main legal point established in the judgment is the interpretation of the discretionary and mandatory nature of transfer provisions under Section 24 of CPC and Section 21A of the Hindu Marriage A....
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