Maya Kumari vs Prakash Kumar

The present transfer application has been moved by the petitioner-wife seeking transfer of petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 83/2018 (Prakash Vs. Smt. Maya Kumari) pending in the Family Court, Sirohi to the Family Court, Jalore, where the petitioner-wife is residing, by invoking Section 24 of the Code of Civil Procedure, 1908.

Learned counsel for the petitioner-wife submits that the petitioner is serving as a Teacher at Government Upper Primary School, Nagani, District Jalore. He further submits that because of the strained relationship in the marital life of the parties, various litigations are pending between them. The parents' of the petitioner-wife are old and infirm and there is no body other than the petitioner to look after and take care of them. It is further submitted that in the circumstances mentioned above, it is very difficult for the petitioner to attend the court proceedings before the Family Court at Sirohi.

The grounds raised as above for transfer of matrimonial matter has been time and again accepted as valid and justified grounds for transfer of case to the place where the wife is residing by this Court as well as by the Hon'ble Supreme Court in Sumita Singh Vs. Kumar Sanjay & Ors., reported in (2001) 10 SCC 41; Sarkar (Shome) Vs. Pardip Sarkar [Transfer Petition (Civil) No.622/2007 decided by Supreme Court on 10.11.2008] ; Manju Varma Vs.State of U.P. and Ors. [Civil Appeal No. 8290 of 2002 decided by the Supreme Court on 17.11.2004] and ; Arti Rani @ Pinki Devi Vs. Dharmendra Kumar Gupta, reported in (2008) 9 SCC 353.

Section 24 CPC reads as under:-

"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 suit, 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) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section,-

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) "proceeding" includes a proceeding for the execution of a decree or order.

(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it."

It is noticed that Section 24 of C.P.C. does not require it necessary to issue notice to the other side and this Court, on its own motion or on being satisfied at any stage, pass appropriate orders for transfer of the concerned case. Similar view has been taken by this Court in Bhanu Kumari Vs. Jitendra Singh & Ors., reported in 2007(2) RLW (Raj.) 1077.

This Court also notices that in normal course, transfer petitions are filed in this Court and they remain pending for years as service is avoided by the other side. In some cases, interim orders are passed by the Court resulting in the matrimonial matter remaining undecided in the concerned family court.

Thus, in the interest of justice and with the purpose of expeditious disposal of the matter, this Court invokes its power under Section 24 of C.P.C. and deems it appropriate to allow present transfer application and directs the transfer of concerned case to the place, as prayed for in the application filed by the petitioner-wife.

Accordingly, the present transfer petition is allowed and the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 83/2018 (Prakash Vs. Smt. Maya Kumari) pending in the Family Court, Sirohi is transferred to the Family Court, Jalore with a direction to the Family Court, Jalore, where the case is transferred, to give notice to both the parties of the date on which they have to remain present before it.