Rajasthan High Court – Jodhpur
Urmila vs Prahlad (2025:Rj-Jd:28613) on 3 July, 2025
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2025:RJ-JD:28613]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 229/2024
Urmila W/o Prahlad, Aged About 25 Years, R/o. Nehrana, Tehsil
Nohar, Presently Resident Of Ward No. 7, Dholiya, Near
Sidhmukh, Tehsil Rajgarh, Distt. Churu (Raj.)
----Petitioner
Versus
Prahlad S/o Indraj, Aged About 27 Years, R/o. Nehrana, Tehsil
Nohar Distt. Hanumangarh (Raj.)
----Respondent
For Petitioner(s) : Mr. Suresh Nehra
For Respondent(s) : Mr. Manjeet Godara
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 Civil Case No.
301/2023″Prahlad Vs. Urmila” preferred by the respondent-
husband u/s 13 (I)(IA) of the Hindu Marriage Act, pending in the
Additional District Judge No.1, Nohar, District Hanumangarh to the
Additional District Judge, Rajgarh, District Churu.
2. Service is complete and Mr. Manjeet Godara, learned counsel
appears for the respondent.
3. Heard learned counsel for the parties 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 11.03.2020 and one
child was born to the parties. Since the petitioner-wife was treated
cruely, harassed, maltreated and was thrown out of her
matrimonial home, she filed an FIR on 16.07.2024 against the
husband bearing No. 93/2024 at PS Sidhmukh District Churu
under Section 498A, 406 and 323 of IPC and also filed an
(Downloaded on 03/07/2025 at 09:44:42 PM)
[2025:RJ-JD:28613] (2 of 3) [CTA-229/2024]
application under Section 144 BNSS seeking maintenance for
herself and minor child.
5. Learned counsel for the petitioner further submitted that the
petitioner is a lady and a mother of a three years old child. She is
not financially capable. Therefore, she cannot afford to travel all
the way to Nohar along with her minor child. The cases filed by
the petitioner are pending at District Churu.
6. In the aforesaid facts and circumstances and learned counsel
for the petitioner submitted that in the interest of justice, the case
filed by the respondent-husband pending before Additional District
Judge No.1, Nohar, District Hanumangarh deserves to be
transferred to the Additional District Judge, Rajgarh, District
Churu.
7. Learned counsel for the respondent vehemently opposed the
transfer petition.
8. 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.”
(Downloaded on 03/07/2025 at 09:44:42 PM)
[2025:RJ-JD:28613] (3 of 3) [CTA-229/2024]
9. 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 Civil Case No.
301/2023 pending in the Additional District Judge No.1, Nohar,
District Hanumangarh titled as ‘Prahlad Vs. Urmila‘ be transferred
to the Additional District Judge, Rajgarh, District Churu. The
Additional District Judge No.1, Nohar, District Hanumangarh is
directed to send the record of the aforesaid case to Additional
District Judge, Rajgarh, District Churu immediately. The parties
are directed to appear before the Additional District Judge,
Rajgarh, District Churu on 04.08.2025. A copy of this order be
sent to the Additional District Judge No.1, Nohar, District
Hanumangarh and Additional District Judge, Rajgarh, District
Churu forthwith. Stay application also stands disposed of.
(YOGENDRA KUMAR PUROHIT),J
35-Jatin/-
(Downloaded on 03/07/2025 at 09:44:42 PM)
Powered by TCPDF (www.tcpdf.org)