Suman Kanwar vs Narendra Singh Chundawat

The present transfer application has been moved by the petitioner-wife seeking transfer of petition filed by the respondent-husband under Section 13A of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 593/2018 (Narendra Singh Chundawat V/s Smt. Suman Kanwar) pending in the Family Court No.02, Udaipur to the Family Court,Jaipur where the petitioner-wife is residing, by invoking Section 24 of the Code of Civil Procedure, 1908.

Heard learned counsel for the parties.

Counsel for the applicant submits that after the marital discord with the respondent, the parties are living separately and are indulged in the litigation pending in different Courts.

The applicant Smt. Suman Kanwar is staying at Jaipur. The cases filed by the applicant are being proceeded against the respondent in the Courts at Jaipur where the respondent is appearing. Since, the applicant is staying with her parents at Jaipur, therefore, she has prayed that the case No. 593/2018 (Narendra Singh Chundawat Vs. Smt. Suman Kanwar) pending before the Family Court No.2, Udaipur may be transferred to Family Court, Jaipur.

The application is not opposed by the respondent.

I have considered the submissions made at the bar.

In view of the judgments delivered by 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 of the Civil Procedure Code and taking into consideration the fact that the applicant is residing at Jaipur and in other cases pending before the Courts at Jaipur, the respondent is appearing, the present transfer petition deserves to be allowed.

Accordingly, the present transfer petition is allowed and the petition filed by the respondent-husband under Section 13-A of the Hindu Marriage Act, 1955 being Civil Misc. Case No. 593/2018 (Narendra Singh Chundawat V/s Smt. Suman Kanwar) pending in the Family Court No.02, Udaipur is transferred to the Family Court, Jaipur with a direction to the Family Court, Jaipur, where the case is transferred, to give notice to both the parties of the date on which they have to remain present before it.