Jyotsana Rankawat vs Rahul Swami

The present application under Section 24 of the Code of Civil Procedure has been filed by the petitioner, seeking transfer of the Case

No.58/2017 from the learned Additional District & Sessions Judge, Sangariya, Tehsil Sangaria, District Hanumangarh to the learned Family Court,

Jodhpur.

Learned counsel for the petitioner, narrating the facts of the case, informs that the petitioner got married with the respondent on 30.04.2012 in

Jodhpur and thereafter they lived at various places. However their matrimonial relations got strained, for which both of them have started living

separately. According to the petitioner, after disturbance in the matrimony, she started living at Jodhpur, with her parents.

Respondent - husband has filed the case under Section 13 of the Hindu Marriage Act, for dissolution of the marriage at Sangariya, which is

pending before the learned Additional District & Sessions Judge, Sangariya, Tehsil Sangaria, District Hanumangarh.

The case of the petitioner is that it is tedious for her to participate the proceedings at Sangaria, which is about 400 k.m. from Jodhpur. It has

been stated that taking up the journey all the way to Sangaria involves cost as well as time. Besides this, she requires someonce to accompany her

for going to Sangaria.

Per contra, Mr. Harish Purohit, learned counsel for the respondent submits that the case in question has been filed at Sangaria, because the

respondent''s native place is at Sangaria, which is comparatively closer to the place, where he is pursuing his career. It has also been pointed out in

the reply that presently the petitioner is pursuing her higher studies in Holand and the present transfer application has been preferred solely for the

object of stalling the divorce proceedings.

In the facts of the present case, this Court is of the opinion that the matter is required to be transferred to any Court at Jodhpur as Jodhpur is

better connected with modes of communications and petitioners'' parents are residing at Jodhpur. As the petitioner is pursuing her career / studies

at Holand, it would be a bit difficult for her to go to Sangaria to contest the proceedings.

My aforesaid views are fortified by the judgment rendered by this Court in case of ""Smt. Vinita Vs. Himanshu"", reported in AIR 2017 Raj 102,

relevant part whereof is being reproduced hereunder :- ""It is, therefore, felt imperative to examine and explore the necessary principles governing

transfer applications, filed by families, entangled in forensic fights, while invoking powers conferred upon this Court by Section 24 of the Code of

Civil Procedure, 1908. According to this Court, the provisions of Section 24 of the Code provides a great deal of discretion in the court, however,

such discretion is required to be exercised on the basis of sound principles. It is true that the discretionary power, more particularly, the jurisdiction

in relation to transfer of cases, can not be imprisoned or bound within a straight jacket or castiron formula, uniformly applicable to all situations, yet

the courts are required to be mindful of the fact that the power to transfer a case must be exercised with due care, caution and circumspection.

Keeping in mind the provisions and mandate of Sections 24 and 25 of the Code, various judicial pronouncements have laid down broad

propositions as to what may constitute a ground for transfer of a case. Generally speaking, they are, balance of convenience or inconvenience to

the plaintiff or defendant or witnesses; convenience or inconvenience arising out of a particular place of trial, having regard to the nature of

evidence or the points involved in the case; issues raised by the parties; and, reasonable apprehension in the mind of a litigant that he might not get

justice in the court, where the proceedings are pending, or reasonable apprehension of failure of justice on the basis of a proven bias. These few

factors are some of the aspects, germane in considering the question of transfer of a suit, appeal or other proceedings.

It may be true that distance alone may not be decisive factor but it has its own role while considering the convenience of the parties, particularly,

a wife. Court should focus on the convenience rather than redressal or mitigating against inconvenience. Convenience itself is a vital factor, to be

reckoned while deciding a Transfer Petition.

In view of the above, the Case No.58/2017 is withdrawn from the Court of learned Additional District & Sessions Judge, Sangariya, Tehsil

Sangaria, District Hanumangarh and transferred to learned Family Court No.1, Jodhpur.

Learned counsel for both the parties shall inform their respective parties, to appear in the Family Court No.1, Jodhpur on12. 03.2018.

A copy of this order be sent to the learned Additional District & Sessions Judge, Sangariya, Tehsil Sangaria, District Hanumangarh as well as

the learned Family Court No.1, Jodhpur for information and transmission of record.

The present transfer application stands allowed.