Vandana Pareek, W/o Shri Aman Pareek v. Aman Pareek, S/o. Shri Manoj Pareek
2025-04-15
YOGENDRA KUMAR PUROHIT
body2025
DigiLaw.ai
Order : (YOGENDRA KUMAR PUROHIT, J.) 1. The instant civil transfer application has been filed by the petitioner-wife seeking transfer of Civil Original Case No. 392/2022 "Aman Pareek Vs. Vandana Pareek" preferred by the respondent-husband u/s 13 of the Hindu Marriage Act, pending in the Family Court, Bundi to the Family Court, Bhilwara. 2. Service is complete and Mr. Abhishek Sharma, 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 30.06.2020. Since the petitioner-wife was treated cruely, harassed, maltreated, she lodged an FIR bearing No. 92/2022 dated 05.05.2022 at Police Station Mahila Thana, Bhilwara. Wherein, charge-sheet No. 166/2022 dated 14.10.2022 has already been filed and the said case is pending adjudication before the learned Judicial Magistrate, No.2, Bhilwara. She also filed applications under Section 12 and 23(2) of the Protection of Women from Domestic Violence Act, 2005 on 22.07.2022 before the learned Judicial Magistrate No.2, Bhilwara (Vandana Vs. Aman). It is submitted that with a view to harass and humiliate the petitioner, the respondent-husband has moved an application under Section 13 of the Hindu Marriage Act before Family Court, Bundi seeking decree for dissolution of marriage. 5. Learned counsel for the petitioner further submitted that the petitioner is a lady and she is facing difficulty to travel and attend the Court. It is necessary for her to carry one or two person with her to attend the Court at Bundi, however, her father is suffering from heart disease and the brother of the petitioner is a patient of cervical. Therefore, there is no other member except father and brother of the petitioner to travel with her to attend the Court at Bundi which would be onerous for the petitioner. 6. In the aforesaid facts and circumstances, learned counsel for the petitioner submitted that since the aforesaid cases instituted by the petitioner-wife are pending at Bhilwara, and respondent husband used to come to Bhilwara for attending the case proceedings, in the interest of justice, the case filed by the respondent-husband pending before Family Court Bundi deserves to be transferred to the Family Court, Bhilwara. 7.
7. A reply to the transfer petition has been filed stating therein that both the parties are working and residing at Singapore and no inconvenience would be caused to the petitioner in attending the case at Bundi. 8. Learned counsel for the respondent vehemently opposed the transfer petition. 9. 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." 10. 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 Civil Original Case No. 392/2022 pending in the Family Court, Bundi titled as 'Aman Pareek Vs. Vandana Pareek' be transferred to the Family Court, Bhilwara. The Family Court, Bundi is directed to send the record of the aforesaid case to Family Court, Bhilwara immediately. The parties are directed to appear before the family Court, Bhilwara on 15.05.2025. A copy of this order be sent to the Family Court, Bundi and Family Court, Bhilwara forthwith. Stay application also stands disposed of. 11. Family Court Bhilwara is directed to decide the case as early as possible.