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Judgment
The present transfer application under Section 24 of the Code of Civil Procedure has been filed, seeking transfer of Case No.425/2016 titled as
Naresh Kumar vs. Smt. Pooja"" pending before learned Judge, Family Court No.1, Jodhpur to learned Additional District Judge, Balotra.
Briefly stating the facts of the case are that the petitioner married with the respondent on 06.12.2014 at Balotra. Out of said wedlock, a female
child was born to the petitioner on 01.04.2016. However, the matrimonial relations between petitioner and her husband got strained, for which the
petitioner has started living with her parents at Balotra.
The respondent - husband has filed the case under Section 9 of the Hindu Marriage Act in the Family Court, which is pending before the Family
Court No.1, Jodhpur, whereas the petitioner has filed a case for domestic violence against the respondent, which is said to be pending in
competent Court at Balotra.
Learned counsel for the appellant showing the petitioner''s grievance submitted that the petitioner has to travel about 100 k.m. from Balotra to
Jodhpur to participate in the present proceedings, alongwith her two years'' old daughter, which involves cost and time and causes inconvenience
to the petitioner. He submitted that the respondent is otherwise required to contest the case of domestic violence filed by her at Balotra, for which
it will be appropriate and expedient, if the present case under Section 9 is transferred to Balotra.
After hearing learned counsel for the parties, this Court thinks that it would be expedient and in the interest of justice to transfer the present case
from Family Court No.1, Jodhpur to Additional District Judge, Balotra.
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 facts of the present case, the Case No.425/2016 titled as ""Naresh Kumar Vs. Smt. Pooja"" is withdrawn from Family Court
No.1, Jodhpur and transferred to Additional District Judge, Balotra, who is having jurisdiction to decide the dispute.
Learned counsel for both the parties shall inform their respective parties to appear on 21.03.2018 before the learned Additional District Judge,
Balotra.
A copy of this order be sent to Family Court No.1, Jodhpur as well as Additional District Judge, Balotra for information and transmission of
record.
The transfer application stands allowed.