Smt. Babita W/o Ravi Kumar D/o Shree Krishan Dutt Sharma, vs Ravi Kumar S/o Shree Chorulal Pareek

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

No.308/2016 titled as ""Ravi Kumar vs. Smt. Babita"" from the Family Court, Bikaner to the Family Court, Jodhpur.

Learned counsel for the petitioner, narrating the facts relevant for the case, submitted that the petitioner''s marriage with respondent was

solemnized on 24.11.2013 at Jodhpur, whereafter she had started living with her husband at Bikaner, but due to disturbance in their matrimonial

relationship, she has come to Jodhpur and started living with her parents.

The petitioner has already filed two cases one being case under Section 125 of Cr.P.C. for maintenance and another being case under Section 9

of the Hindu Marriage Act at Jodhpur. He submitted that the present case filed by the husband under Section 13 of the Hindu Marriage Act be

transferred to Jodhpur so that all the cases be consolidated and heard together at one place.

Learned counsel for the petitioner also submitted that the petitioner finds it troublesome to attend the proceedings at Bikaner which is about 250

k.m. from Jodhpur.

Mr. JK Bhaiya, learned counsel for the respondent in order to oppose the prayer for transfer, submitted that the petitioner has already engaged

a counsel at Bikaner, which would look after her case and petitioner''s presence is not required on each hearing.

He also submitted that the respondent is engaged in a small private job, for whom also, coming to Jodhpur would be arduous.

Having heard learned counsel for the parties and after appreciation of the facts obtaining in the present case, this Court is of the considered

opinion that the present application for transfer of Case No.308/2016 titled as ""Ravi Kumar vs. Smt. Babita"" pending at Family Court, Bikaner is

required to be transferred to Jodhpur for convenient and appropriate disposal of all the cases.

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 aforesaid, the present application is allowed. The Case No.308/2016 titled as ""Ravi Kumar vs. Smt. Babita"" is withdrawn from

the Family Court, Bikaner and transferred to the Family Court, Jodhpur.

A copy of this order be sent to the Family Court, Bikaner as well as the Family Court, Jodhpur for information and transmission of record.

The present transfer application stands allowed.