Rajasthan High Court – Jodhpur
Riya vs Mayank Kumar (2025:Rj-Jd:20265) on 25 April, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:20265]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 135/2024
Riya W/o Mayank, Aged About 25 Years, D/o Surendra Jain, R/o
7 Kh 9 Pawanpuri South Extension, Bikaner.
----Petitioner
Versus
Mayank Kumar S/o Satyapal Jain, R/o 56 Lakh Colony, Aklera,
Dist. Jhalawar.
----Respondent
For Petitioner(s) : Ms. Anu Choudhary
For Respondent(s) : None present
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
25/04/2025
1. The instant civil transfer application has been filed by the
petitioner-wife seeking transfer of Civil Case No. 11/2024 “Mayank
Vs. Riya” preferred by the respondent-husband u/s 9 of the Hindu
Marriage Act, pending before the Additional District Judge Aklera
to the Family Court No.2, Bikaner.
2. Despite service, none appears for the respondent.
3. Heard learned counsel for the petitioner and perused the
material available on record.
4. Learned counsel for the petitioner wife-submitted that the
marriage between the petitioner-wife and respondent-husband
was solemnized as per the Hindu rites on 13.05.2019, out of
wedlock one male child namely Raghav was born in the year 2021
and since the petitioner-wife was treated cruely, harassed,
maltreated, she filed an FIR bearing No. 270/23 for the offence
under Section 498-A, 406 and 323 of IPC and the matter is
pending before Judicial Magistrate No.3 Bikaner. She also moved
an application under Section 125 of Cr.P.C. against the respondent
before the Family Court No.2, Bikaner which is still pending
adjudication.
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5. Learned counsel for the petitioner further submitted that the
petitioner is a fragile lady and it requires at least one day prior to
the date of hearing to attend the hearing in Aklera from Bikaner
due to the distance of 610 kms. Moreover, the child of the
petitioner is only three yers of age and requires personal
attending of mother.
6. In the aforesaid facts and circumstances and since the
aforesaid cases instituted by the petitioner-wife are pending at
Bikaner, learned counsel for the petitioner submitted that in the
interest of justice, the case filed by the respondent-husband
pending before Additional District Judge, Aklera deserves to be
transferred to the Family Court No.2, Bikaner.
7. It is settled law while considering transfer of case in
matrimonial proceedings instituted by the husband, the
convenience of the wife is to be looked into. In this regard,
recently, Hon’ble the Supreme Court in the matter of N.C.V.
Aishwarya Vs. A.S.Saravana Karthik Sha, (Civil Appeal No.
4894/2022 arising out of SLP (C) no. 16465/2021) decided
on 18.07.2022, while considering transfer of matrimonial case
under Section 24 CPC, has observed as under:-
“The cardinal principle for exercise of power under
Section 24 of the Code of Civil Procedure is that the
ends of justice should demand the transfer of the suit,
appeal or other proceeding. In matrimonial maters,
wherever Courts are called upon to consider the plea
of transfer, the Court have to take into consideration
the economic soundness of both the parties, the social
strata of the spouses and their behavioural pattern,
their standard of life prior to the marriage and
subsequent thereto and the circumstances of both the
parties in eking out their livelihood and under whose
protective umbrella they are seeking their sustenance
to life. Given the prevailing socio-economic paradigm
in the Indian Society, generally, it is the wife’s
convenience which must be looked at while
considering transfer.”
8. Having considered the submissions made on behalf of the
petitioner, looking to the facts and circumstances of the case
noticed above and the settled position of law by the Hon’ble
Supreme Court in the matter of N.C.V. Aishwarya (supra), the
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transfer application is allowed. It is ordered that the Civil Case
No. 11/2024 pending in the Additional District Judge, Aklera titled
as ‘Mayank Vs. Riya’ be transferred to the Family Court No.2,
Bikaner. The Additional District Judge Aklera is directed to send
the record of the aforesaid case to Family Court No.2, Bikaner
immediately. The parties are directed to appear before the Family
Court No.2, Bikaner on 26.05.2025. A copy of this order be sent
to the Additional District Judge Aklera and Family Court No.2,
Bikaner forthwith. Stay application also stands disposed of.
(YOGENDRA KUMAR PUROHIT),J
72-Jatin/-
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