[2025:RJ-JD:53631]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Transfer Appl. No. 47/2025

Smt. Neha W/o Nitin Kumar, D/o Bharat Bhushan, Aged About 35 Years, R/o Kamla Colony, Near Kherpur Bhawan, Bikaner, Raj.

----Petitioner

Versus

Nitin Kumar S/o Sh. Rajkumar, Aged About 35 Years, R/o House

No. G-27, 3E Ambika City, Shriganganagar.

----Respondent

For Petitioner(s) : Mr. Navneet Singh

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

S.K.Verma

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. 16/2024 “Nitin Kumar Vs. Neha” preferred by the respondent-husband under Section 25 of the Guardian and Wards Act pending before Family Court No.2,

Sriganganagar to the Family Court, Bikaner.

2. Vide order dated 20.5.2025, this Court while issuing notices to the respondent, stayed the further proceedings in the aforesaid

matter pending before Family Court No.2, Sriganganagar.

3. Heard learned counsel for the parties and perused the

material available on record.

4. 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 03.12.2014 at Sriganganagar. Since the petitioner-wife was harassed and maltreated and was turned out of her matrimonial home, therefore, she is residing at her parental home. It is submitted that with a view to harass and humiliate the petitioner, the

respondent-husband has moved application under Section 25 of the Guardian and Wards Act which is pending before Judge, Family Court No.2, Sriganganagar.

5. Learned counsel for the petitioner further submitted that the petitioner is a lady and is residing at Bikaner. She has no source of income. The distance from the place of her residence at Bikaner to Sriganganager is approx. 250 kms. Therefore, it is very difficult for the petitioner to travel from Bikaner to Sriganganagar to attend and defend the case instituted by the respondent husband at Sriganganagar.

6. In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that in the interest of justice, the case filed by the respondent-husband pending before Family Court No.2, Sriganganagar deserves to be transferred to Family Court No.1, Bikaner.

7. Learned counsel appearing for the respondent opposed the prayer for transfer of the case and prayed for rejection of the transfer petition.

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 parties, looking to the facts and circumstances of the case noticed above and the settled position of law by the Hon’ble Supreme Court in the matter of N.C.V. Aishwarya (supra), the transfer application