[2025:RJ-JD:53584]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Transfer Appl. No. 134/2024

Garima Joshi W/o Prateek Sharma, Aged About 33 Years, D/o Vinod Kumar, R/o Bisau, Presently Residing At Ward No.15,

Agrasen Nagar, Plot No.a-17-18, Churu. (Raj)

----Petitioner

Versus

Prateek Sharma S/o Late Shri Omprakash Sharma, R/o 178,

Pokar Quarter, Rani Bazar, Bikaner.

----Respondent

For Petitioner(s) : Ms. Pragya Chouhan for Mr.

S.K.Verma

For Respondent(s) : None present despite service.

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

10/12/2025

1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Case No. 803/2023 “Prateek Sharma Vs. Garima Joshi” preferred by the respondent-husband seeking dissolution of marriage pending before the Family Court

No.3, Bikaner to the Family Court, Churu.

2. Vide order dated 8.7.2024, this Court while issuing notices to the respondent, stayed the further proceedings in the aforesaid

matter pending before Family Court No.3, Bikaner.

3. None present for the respondent despite service of notice.

4. Heard learned counsel for the petitioner and perused the

material available on record.

5. Learned counsel for the petitioner-wife submitted that the marriage between the petitioner-wife and respondent-husband was solemnized as per the Hindu rites on 15.03.2021 at Bikaner. Since the petitioner-wife was harassed and maltreated in connection with demand of dowry and was turned out of her

matrimonial home, therefore, she filed an application under Section 9 of the Hindu Marriage Act before the Family Court, Churu. She has also filed applications under Section 125 Cr.P.C. seeking maintenance and interim maintenance, which are pending adjudication before Family Court, Churu. It is submitted that with a view to harass and humiliate the petitioner, the respondent- husband has moved application under Section 13 (i)(a)(b) of the Hindu Marriage Act before Family Court No.3, Bikaner seeking a decree for dissolution of marriage.

6. Learned counsel for the petitioner further submitted that the petitioner is a young lady and is residing with her old aged parents, therefore, it is very difficult for the petitioner to travel from Churu to Bikaner all alone to attend and defend the case instituted by the respondent husband at Bikaner.

7. In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the aforesaid cases instituted by the petitioner-wife are pending at Churu, in the interest of justice, the case filed by the respondent-husband pending before Family Court No.3, Bikaner deserves to be transferred to Family Court, Churu.

8. It is settled law that 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 18.7.2022, 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 matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

9. Having considered the submissions made on behalf of the petitioner, look