[2025:RJ-JD:46319]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 102/2025 Smt. Poonam W/o Shri Nitin, Aged About 33 Years, D/o Shri Jainaram, R/o Dhani Choudhari Harkharam (26 A.m.p.), Village Indrapura, Tehsil Sangria, Dist. Hanumangarh (Raj.)

----Petitioner Versus Nitin S/o Shri Shreekant, Aged About 38 Years, R/o Ward No. 13, 2 K Herawali Dhani, Mirjewala, Tehsil And Dist. Sriganganagar (Raj.)

----Respondent For Petitioner(s) : Mr. Manish Dadhich For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/10/2025

1. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure seeking transfer of Divorce Petition No.53/2023 titled as ‘Nitin Vs. Poonam’ filed by the respondent – husband under Section 13 of the Hindu Marriage Act, 1955 seeking divorce between the parties which is pending adjudication before the Court of learned Family Court No.2, Sri Ganganagar to learned Additional District Court, Sangria, Hanumangarh.

2. Heard.

3. The instant transfer petition is pending before this Court since 17.04.2025. This Court on 25.04.2025 while issuing notice to the respondent was pleased to stay the proceedings of Divorce Petition No.53/2023 pending before the learned Family Court No.2, Sri Ganganagar. The office report indicates that the notices issued to the respondent – husband could not have been served upon him till date. This Court, however, keeping in view the entire facts and in the interest of justice, deems it just and proper to finally hear and decide the matter.

4. Learned counsel for the petitioner submitted that the marriage between the parties was solemnized on 04.02.2014 as per Hindu rites and rituals. Learned counsel further submitted that the proceedings initiated by the respondent – husband under Section 13 of the Hindu Marriage Act, 1955 is a counter-blast to the FIR No.154/2025 lodged against the respondent and his family members for the offences under Sections 498-A, 406 and 323 IPC also also with a view to harass the petitioner – wife. Learned counsel submitted that the petitioner – wife is presently residing at Sangria, Hanumangarh with her parents. The distance from Sri Ganganagar to Sangria, Hanumangarh is more than 120 Kms and it would not be practically possible for the petitioner – wife to travel to Sri Ganganagar on every date of hearing alone as she is receiving constant threat from the respondent.

5. It was thus, prayed by learned counsel for the petitioner – wife that the case pending before the learned Family Court No.2, Sri Ganganagar may be transferred to the learned Additional District Judge, Sangria, Hanumangarh.

6. The Hon’ble Supreme Court of India in the case of Sumita Singh Vs. Kumar Sanjay & Ors., reported in (2001) 10 SCC 41; Sarkar (Shome) Vs. Pradip Sarkar [Transfer Petition (Civil) No.622/2007 decided on 10.11.2008]; Manju Varma Vs. State of U.P. and Ors. [Civil Appeal No.8290/2002 decided on 17.11.2004] and Arti Rani @ Pinki Devi Vs.

Dharmendra Kumar Gupta, reported in (2008) 9 SCC 353 was pleased to hold that the Courts are required to give more weight and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed. Taking into consideration their convenience, the Court should desist from putting female litigants under undue hardship.

7. Section 24 of the CPC is reproduced herein below for ready reference:-

"24. General power of transfer and withdrawal:

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any sult, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and (i) t