JUDGMENT :

(Sameer Jain, J.)

The present transfer application has been filed by the applicant-wife under section 24 of CPC seeking transfer of Application No. 19/2021 titled as ' Sudeep Kumar v. Smt. Sangita ', filed by respondent-husband under section 9 of HINDU MARRIAGE ACT , 1955 (in short "HMA"), from the Upper District & Session Judge Shri Dungar Garh-Bikaner to Family Court Jaipur.

2. In pursuance of order dated 05/01/2023 assistance was provided to the Court by learned Senior Counsel Sh. Ajeet Kumar Bhandari.

3. Facts of the case are that the marriage of the applicant and respondent was solemnized on 23/06/1999 at Churn. The parties have been living separately since 2020. The respondent-husband filed an application under Section 9 of HMA in the Court of Dungar Garh, District Bikaner in February of 2021. The applicant-wife filed an application under section 23 of the Protection of Women From Domestic Violence Act, 2005 (for short "DV Act") at Jaipur Metro-II, Jaipur seeking maintenance of Rs.50,000/-per month. One FIR was also filed by the applicant-wife against the respondent in Police Station Mahila Thana, Jaipur (West), Jaipur for offence under Sections 498A, 406,323,314,147, and 504 of IPC and after conclusion of investigation, charge sheet has also been filed.

4. Replying upon the said facts, the present transfer application has been filed by the petitioner under Section 24 CPC for transfer of the application filed by the respondent-husband under Section 9 of the HMA from the Court of Dungar Garh, District Bikaner to the concerned Family Court at Jaipur on the grounds that the applicant-wife is currently residing with her aged parents in Jaipur and that several proceedings arising out of the same matrimonial dispute are also pending in Jaipur. It was also submitted that since the applicant-wife has no independent source of income, it would be difficult for her to travel from Jaipur to Bikaner to attend the proceedings.

5. Per contra, learned counsel for the respondent has vehemently opposed the present transfer application. Learned counsel further raised a preliminary objection qua maintainability of the present transfer application as the court in district Bikaner falls in the territorial jurisdiction of Principal Seat of Rajasthan High Court at Jodhpur. In support of the preliminary objection, learned counsel for the respondent-husband has relied upon the order passed by coordinate Bench of this Court in Komal v. Deepak Kumar (SB Civil Transfer Application No.18/ 2020).

6. In this background, before adverting to the merits of the case, this Court is inclined to take up the issue of maintainability of the present transfer application as the transfer has been sought from Dungar Garh (Bikaner) which falls under territorial jurisdiction of the Principal seat of Rajasthan High Court at Jodhpur to Family Court, Jaipur, which falls under the jurisdiction of Jaipur Bench of the Rajasthan High Court.

7. Before adverting to the issue, it is necessary to consider the relevant provisions of CPC, HMA and General Clauses Act, 1897.

8. The definition of the word 'High Court' in the General Clauses Act, reads as under:-

"3(25) "High Court", used with reference to civil proceedings, shall mean the highest Civil Court of appeal (not including the Supreme Court) in the part of India in which the Act or Regulation containing the expression operates."

9. Relevant sections of CPC are reproduced as under:-

"Section 19 - Suits for compensation for wrongs to person or movables

Where a suit is for compensation