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2025 Supreme(Online)(Raj) 13301
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG, J
Deepika Sankhla – Appellant
Versus
Amit Singh Chouhan – Respondent
Crl.misc.trnfr.pet. No. 11/2025
For the Appellants/Petitioners: Mr. Mukesh Sharma, Mr. Kanishk Sharma
For the Respondents: Mr. Himmat Singh Bhati
In matrimonial proceedings, the wife’s convenience is paramount when considering the transfer of cases.
Headnote:(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of matrimonial proceedings - The cardinal principle for transfer is the ends of justice; the wife's convenience must be prioritized in cases involving couples to determine suitable jurisdiction. (Para 7)
Facts of the case:
The petitioner seeks transfer of a pending criminal case against her husband from Beawar to Jodhpur due to personal hardships and the complexities of long-distance travel.
Findings of Court:
The court considers the facts and the settled law from the Supreme Court, emphasizing the importance of the wife's convenience when deciding on case transfers.
Issues: The main question addressed was whether transferring the case to Jodhpur would serve the interest of justice and the petitioner’s convenience.
Ratio Decidendi: The court reaffirmed that in transfer applications related to marriage, courts must prioritize the convenience of the wife, as established in prior Supreme Court rulings.
Result: The transfer application is allowed; the case is ordered to be transferred.
Order
10/07/2025 The instant criminal transfer application has been filed by the petitioner-wife seeking transfer of Criminal Misc. Case No. 218/2023 "Sate Vs. Amit Singh Chouhan", pending before the Additional Chief Judicial Magistrate Beawar, District Ajmer to the Chief Judicial Magistrate, Jodhpur.
Service is complete and Mr. Himmat Singh, learned counsel appears for the respondent.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized according to Hindu rites on 02.12.2014. Out of this wedlock, a male child named Yuvraj was born on 07.07.2017.
The petitioner-wife has been subjected to cruelty, harassment, and maltreatment, which ultimately led to the breakdown of the marriage. Numerous cases have been filed against each other by the parties. During the course of litigation, the petitioner filed a criminal complaint, which was registered, and F.I.R. No. 517/2023 was lodged at P.S. Beawar City under Section 498A and 406 of the Indian Penal Code pending in the Addl. Cheif Judical Magistrate Beawar, District Ajmer filed under Section 498A and 406 I.P.C. in Criminal Original Case No.218/2023. This case is pending before the Additional Chief Judicial Magistrate, Beawar, in Original Case No.218/2023.
Additionally, the petitioner has filed Civil Miscellaneous Case No. 1002/2023 before the Family Court No. 1, Jodhpur, under Section 9 of the Hindu Marriage Act. She has also filed Civil Original Case No. 30/2023 under Section 7 read with Section 25 of the Guardians and Wards Act, 1890 , as well as under Sections 6 and 13 of the Hindu Minority and Guardianship Act, 1956 . Furthermore, she has initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 , and filed Criminal Case No. 125 Cr.P.C. in Jodhpur.
Counsel for the petitioner also mentioned that the respondent has filed a case under Section 13 of the Hindu Marriage Act, 1955 , at Beawar, which was transferred to Jodhpur by the co-ordinate bench of this court in S.B. Civil Transfer Application No. 94/2024 on 24.04.2025.
Learned counsel further submitted that the petitioner is a lady residing at her parental residence in Jodhpur with her widow mother. Her minor son is studying in Jodhpur, and there is no other family member to look after him. Traveling alone over a distance of 160 kilometers from Jodhpur to Beawar, Ajmer, for the proceedings would be extremely difficult for her. She is also a professional dentist, managing a dental clinic in Jodhpur to earn her livelihood for herself and her son. In light of the aforementioned facts and circumstances, and considering that the cases instituted by the petitioner-wife are pending in Jodhpur, learned counsel for the petitioner submitted that, in the interest of justice, the case filed by the respondent- husband currently pending before the Additional Chief Judicial Magistrate, Beawar, Ajmer, should be transferred to the Chief Judicial Magistrate, Jodhpur.
Learned counsel for the respondent vehemently opposed the transfer petition.
It is settled law while considering transfer of case in matrimonial proceedings instituted by the husband, the convenience of the wife is to be looked into. In this regard, recently, Hon'ble the Supreme Court in the matter of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha , (Civil Appeal No. 4894/2022 arising out of SLP (C) no. 16465/2021) decided on 18.07.2022, while considering transfer of matrimonial case under Section 24 CPC, has observed as under:-
"The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial maters, wherever Courts are called upon to consider the plea of transfer, the Court have to take into consideration the economic soundness of both the parties,
