Rajasthan High Court – Jodhpur
Shivani Meena vs Ajay Raj Singh (2025:Rj-Jd:28638) on 3 July, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:28638]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 291/2024
Shivani Meena W/o Ajay Raj Singh Meena, Aged About 29 Years,
D/o Sukhdev Meena, R/o A-545, Vijay Singh Pathik Nagar,
Bhilwara, Rajasthan.
----Petitioner
Versus
Ajay Raj Singh S/o Babu Lal Meena, Aged About 31 Years, R/o
336, Rajatgrah Colony, Nenwa Road, Near Kendriya School,
Bundi, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Devesh Mehra
Mr. Naresh Tak
For Respondent(s) : None present despite service
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
03/07/2025
1. The instant civil transfer application has been filed by the
petitioner-wife seeking transfer of Case No.243/2024 “Ajay Raj
Singh Meena Vs. Shivani Meena” preferred by the respondent-
husband seeking dissolution of marriage pending before Family
Court, Bundi to Family Court, Bhilwara.
2. None present for the respondent despite service of notice.
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 Hindu rites and customs on 01.12.2021 at
Bhilwara. Since the petitioner-wife was harassed and maltreated
and turned out of her matrimonial home, therefore, she lodged an
FIR No.163/2024 at Mahila Thana, Bhilwara against her husband
and his family members for the offences under Sections 498A, 406
IPC and Section 4 of the Dowry Prohibition Act and the matter is
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pending before the competent Court at Bhilwara. She also filed an
application under Section 144 BNSS seeking maintenance and an
application under Section 9(b) and 37 (2)(c) of the Protection of
Women from Domestic Violence Act which are also pending at
competent Court at Bhilwara. It is argued that with a view to
harass and humiliate the petitioner, the respondent-husband has
moved application seeking dissolution of marriage before the
Family Court, Bundi.
5. Learned counsel for the petitioner further argued that the
petitioner is a young lady and is residing at Bhilwara. She is
having no source of income. It is expensive and onerous for the
petitioner to travel from Bhilwara to Bundi on each and every
dates of hearing to defend the case instituted by the respondent
husband. In the above facts and circumstances, it is submitted
that since the aforesaid cases filed by the petitioner-wife are
pending at Bhilwara, in the interest of justice, the case filed by the
respondent-husband under Section 13 of the Hindu Marriage Act
seeking dissolution of marriage pending before Family Court,
Bundi may be transferred to the Family Court, Bhilwara.
6. It is settled law that 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 18.7.2022, 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 matters,
wherever Courts are called upon to consider the plea
of transfer, the Courts 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(Downloaded on 03/07/2025 at 05:35:33 PM)
[2025:RJ-JD:28638] (3 of 3) [CTA-291/2024]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.”
7. 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
transfer application is allowed. It is ordered that the Case No.
243/2024 pending before Family Court, Bundi titled as ‘Ajay Raj
Singh Meena Vs. Shivani Meena” be transferred to the Family
Court No.2, Bhilwara. The Family Court, Bundi is directed to send
the record of the aforesaid case to Family Court No.2, Bhilwara
immediately. The parties are directed to appear before the Family
Court No.2, Bhilwara on 07.08.2025. A copy of this order be sent
to the Family Court No.2, Bhilwara and Family Court, Bundi
forthwith. Stay application also stands disposed of.
(YOGENDRA KUMAR PUROHIT),J
37-RP/-
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