[2025:RJ-JD:39841]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 208/2025

1. Smt. Suchi Goyal W/o Nishant Goyal, Aged About 42 Years, 25, Shubham Farms, Pal Road, Jodhpur (Raj.).

2. Druhi D/o Nishant Goyal, Aged About 8 Years, (Minor)

Through Her Mother And Natural Guardian Smt. Suchi Goyal W/o Nishant Goyal, R/o 25, Shubham Farms, Pal Road, Jodhpur (Raj.).

----Petitioners Versus Nishant Goyal S/o Late Jai Kishan Goyal, R/o 25, Shubham Farms, Pal Road, Jodhpur At Present Flat No. B-1405, 14Th Floor, Mangaldeep Darshan, Near Jodhpur Sports Club House, Dps Circle, Pal Road, Jodhpur.

----Respondent For Petitioner(s) : Mr. Sandeep Saruparia For Respondent(s) : -

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/09/2025

1. By way of filing the instant transfer application under Section

24 of the CPC, the petitioner, wife of the respondent, seeks transfer of the multiple cases pending either before the Family Court No.1, Jodhpur Metropolitan or Family Court No.3, Jodhpur Metropolitan to a single court. The particulars of cases sought to be transferred are as under :-

Case Number	Name of Court where pending
Family Main Case No.630/2017	Family Court No.3, Jodhpur Metropolitan
Execution Case No.9/2019, 15/2024, 16/2024, 17/2024, 18/2024, 19/2024, 20/2024, 21/2024, 22/2024, 23/2024, 25/2024, 26/2024	Family Court No.3, Jodhpur Metropolitan

Metropolitan Metropolitan In addition to the above Case No.690/2018 (Application under Section 125 of the CrPC) and Case No.29/2025 (Application under Section 192 of the CrPC) are pending before the Family Court No.2, Jodhpur Metropolitan.

2. At the outset, learned counsel for the applicant submits that all the aforementioned cases are related to matrimonial discord between the spouses, it would be convenient for both the parties if the cases pending before the Family Court No.1, Jodhpur Metropolitan and the Family Court No.3, Jodhpur Metropolitan are transferred to the Family Court No.2, Jodhpur Metropolitan.

3. Heard the learned counsel for the applicant and meticulously perused the record.

4. The powers under Section 24 of the CPC can be exercised by the court on an application moved on behalf of either of the parties and after hearing them and in some cases, even the power of transfer and withdrawal can be exercised on its own motion without such notice. Here in this case, both the parties are resident of Jodhpur and the cases between them are pending the Family Court No.1, 2, and 3, Jodhpur Metropolitan. It would be convenient for both the parties if all the cases pending inter se between them in relation to marital discord and the related matters be heard by one Presiding Officer.

5. In view of the above, in the interest of justice, without issuing notice to the other party, the application is allowed and it is ordered that all the cases relating to matrimonial discord between the parties pending in the Family Court No.1 and Family Court No.3, Jodhpur Metropolitan, the particulars whereof have been provided in para 1 above, shall be transferred to the Family Court No.2, Jodhpur Metropolitan for adjudication.

6. The Family Court No.1, Jodhpur Metropolitan and Family Court No.3, Jodhpur Metropolitan is directed to transmit the entire case records of the aforementioned cases forthwith to the Family Court No.2, Jodhpur Metropolitan. Upon receipt of the record of the cases at the Family Court No.2, Jodhpur Metropolitan, all the cases shall be posted on same day and can be decided simultaneously, but with separate orders.

7. The application for stay and any other pending applications filed in the instant matter, stand disposed of.

(FARJAND ALI),J

1-Pramod/-

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