JUDGMENT Sanjeev Prakash Sharma, J. - In all these cases, the transfer applications have been moved by the petitioner-wife, who seek transfer of case filed by her husband under the various Sections of the Hindu Marriage Act, 1955 to the place where the petitioner-wife is residing, by invoking Section 24 of the Code of Civil Procedure, 1908. 2. Petitioners in different transfer applications have raised several grounds in common for seeking transfer of the case. Essentially, the wife prays that as she has very young child/children and no one else to care of them, it becomes difficult for her to attend the case along with children to the place where her husband has filed the case under the Act of 1955. In some cases, the petitioner-wife has raised a grievance that she is single and lives with her old aged parents and has serious apprehension of being alone to attend the case at different town/city and therefore seeks transfer. In some of the cases, it has also been urged that there are cases preferred by her in the district/city/town where she is residing against her husband under Section 125 Cr.P.C. or under Section 13 of the Act of 1955 or under Domestic Violence Act. In such cases, she therefore, submits that the husband has, with a purpose to harass her, filed a separate case under the Act of 1955 in another district or city or town, and it would be difficult for her to attend different courts and produce witnesses in her defence and therefore seeks transfer. In some cases, the wife has also raised grievance regarding her working at a particular place, where she is residing and therefore seeks transfer. 3. The grounds raised as above for transfer of matrimonial matter has been time and again accepted as valid and justified grounds for transfer of case to the place where the wife is residing by this Court as well as by Supreme Court in Sumita Singh Vs. Kumar Sanjay & Ors., (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, (2008) 9 SCC 353 . 4. Section 24 CPC reads as under:- "24.
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, (2008) 9 SCC 353 . 4. Section 24 CPC reads as under:- "24. General power of transfer and withdrawal.- (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and- (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section,- (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) "proceeding" includes a proceeding for the execution of a decree or order. (4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it." 5. It is noticed that Section 24 CPC does not require it necessary to issue notice to the other side and this Court, on its own motion or on being satisfied at any stage, pass appropriate order for transfer of the concerned case.
It is noticed that Section 24 CPC does not require it necessary to issue notice to the other side and this Court, on its own motion or on being satisfied at any stage, pass appropriate order for transfer of the concerned case. Similar view has been taken by the Rajasthan High Court in Bhanu Kumari Vs. Jitendra Singh & Ors., (2007) 2 RajLW 1077 (Raj). 6. This Court also notices that in normal course, transfer petitions are filed in this Court and they remain pending for years as service is avoided by the other side. In some cases, interim orders are passed by the Court resulting in the matrimonial matter remaining undecided in the concerned family court. 7. Thus, in the interest of justice and with the purpose to expeditiously dispose of the matters, this Court invokes its power under Section 24 CPC and deems it appropriate to allow all these applications of transfer and direct the transfer of concerned case to the place, as prayed for in the applications by the wife. 8. Accordingly, in the aforesaid cases, place where the case is pending and place where the case is transferred is mentioned below: Civil Transfer Application Number & Title Case Number (Family Court/Trial Court) Court where the case is pending Court where the case is transferred CTA-99/2018 (Smt. Sulochna VS. Manoj Kumar) Case No. 161/2015 (Manoj Kumar Vs. Sulochna) ADJ & Family Court, Kekdi, District Ajmer Family Court, Jodhpur CTA-121/2019 (Smt. Meenu Sharma Vs. Manoj Kumar Sharma) Application No. 49/2019 (Manoj Kumar Vs. Meenu Sharma) Family Court, Sambhar Lake, Jaipur Family Court, Chittorgarh CTA-120/2019 (Smt. Meenu Sharma Vs. Manoj Kumar Sharma) Application No. 11/2019 (Manoj Kumar Vs. Meenu) Family Court, Sambhar Lake, Jaipur Family Court, Chittorgarh CTA-35/2019 (Smt. Kirti Pareek Vs. Dilip Kumar) Civil Misc. Case No.156/2018 (Dilip Kumar Vs. Smt. Kirti Pareek) ADJ, Parbatsar, District Nagaur ADJ (Camp Court) Sardarshahar, District Churu CTA-122/2019 (Smt. Antima Dadhich & Anr. Vs. Vishnu Dadhich) Application (Case) No.262/2018 (Vishnu Dadhich Vs. Antima Dadhich) Family Court No.2, Kota Family Court, Bhilwara Copy of this order shall be placed in each case with additional direction to the concerned court, where the case is transferred, to give notice to both the parties of the date on which they have to remain present before it.