Rajasthan High Court – Jodhpur
Smt. Keshu Kanwar vs Jugal Singh (2025:Rj-Jd:20548) on 28 April, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:20548]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 289/2024
Smt. Keshu Kanwar W/o Sh. Jugal Singh, d/o Arjun Singh, Aged
About 24 Years, R/o Gajner, Dist. Bikaner At Present R/o Village
Bhimsagar, Teh. Osian, Dist. Jodhpur.
----Petitioner
Versus
Jugal Singh S/o Sh. Chand Singh, R/o 192 Ward No. 8,
Musalmano Ka Mohalla, Gajner, Dist. Bikaner, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Shiv Singh
For Respondent(s) : Mr. Mohit Singh Choudhary
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
28/04/2025
1. The petitioner-wife has filed the present civil transfer
application seeking transfer of Case No. 559/2022 “Jugal Singh
Vs. Smt. Keshu Kanwar” preferred by the respondent-husband u/s
9 of the Hindu Marriage Act, pending before Family Court No.2,
Bikaner to Family Court No.1, Jodhpur Metro.
2. Heard learned counsel for the parties and perused the
material available on record.
3. Vide order dated 13.12.2024, notices were directed to be
issued to the respondent and further proceedings in Civil Case
No.559/2022 pending before Family Court No.2, Bikaner have
been stayed.
4. Learned counsel for the petitioner submitted that the
marriage between the petitioner-wife and respondent-husband
was solemnized on 18.07.2021 as per the Hindu rites. The
petitioner-wife was harassed, maltreated and dealt with cruelly by
the respondent-husband and his family members in connection
with demand of dowry and was turned out of her matrimonial
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[2025:RJ-JD:20548] (2 of 3) [CTA-289/2024]
home, therefore, she filed a complaint before Judicial Magistrate,
Jodhpur District Jodhpur, upon which, an FIR No.06/2022 was
registered at Mahila Thana, Jodhpur Rural for the offences under
Sections 498A, 406, 323, 342, 506 and 120B IPC and after
investigation, police filed charge sheet against the respondent and
matter is pending before Judicial Magistrate, Jodhpur. It is further
submitted that with a view to harass and humiliate the petitioner-
wife, the respondent-husband has moved application under
Section 9 of the Hindu Marriage Act before the Family Court No.2,
Bikaner seeking restitution of conjugal rights.
5. Learned counsel for the petitioner further submitted that the
petitioner-wife is a young lady and having no source of income.
She is dependent upon her parents. The distance between Bikaner
to Osian is about 170 kms. There is no one in her family to
accompany her to travel from Osian to Bikaner except her old
aged parents. Therefore, it is very difficult, expensive and onerous
for the petitioner-wife to travel from Tehsil Osian, District Jodhpur
to Bikaner along with parents/ one attendant to attend and defend
the case instituted by the respondent husband at Bikaner. The
complaint case filed by the petitioner-wife is pending trial at
Jodhpur. Thus, learned counsel for the petitioner submitted that in
the interest of justice, the case filed by the respondent-husband
pending before Family Court No.2, Bikaner deserves to be
transferred to the Family Court No.1, Jodhpur Metro.
6. On the contrary, learned counsel appearing for the
respondent-husband vehemently opposed the transfer of the case
and prayed for rejection of the transfer application.
7. 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:-
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[2025:RJ-JD:20548] (3 of 3) [CTA-289/2024]
“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
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
parties, 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. 559/2022
pending in the Court of Family Court No.2, Bikaner titled as ‘Jugal
Singh Vs. Smt. Keshu Kanwar’ be transferred to the Family Court
No.1, Jodhpur Metro. The Family Court No.2, Bikaner is directed to
send the record of the aforesaid case to the Family Court No.1,
Jodhpur Metro immediately. The parties are directed to appear
before the Family Court No.1, Jodhpur Metro on 26.5.2025. A copy
of this order be sent to the Family Court No.2, Bikaner and Family
Court No.1, Jodhpur Metro forthwith. Stay application also stands
disposed of.
(YOGENDRA KUMAR PUROHIT),J
68-RP/-
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